GIFT   OF 

Dean  Derleth 


« 

' 


Road  and  Bridge 
Laws 


OF 


ILLINOIS 


Revision  of  1917 


ea  ....; 
d  to.. 


Compiled  by 

LOUIS  L.  EMMERSON 

Secretary  of  State 


[Printed  by  authority  of  the  State  of  IlUnola.] 


4*. 


Engineering 
Library 


<?/! 


ROAD  AND  BRIDGE  LAWS  OF  ILLINOIS— REVISION 

OF  1917. 


Article  1.  Definitions. 

Article  2.  (§§2-7).  State  Highway  De- 
partment. 

Article  3.  (§8).  County  superintendents 
of  highways. 

Article  4.    (§§9-33).  State  aid. 

Article  5.  (§§  34-39).  Bridges  and  im- 
provements constructed  and  re- 
paired by  a  county  at  the  joint 
expense  of  a  county  and  any 
town  or  road  district  therein. 

Article  6.  (§§40-129).  Town  and  dis- 
trict organization  and  adminis- 
tration for  highway  purposes. 

Subdivision  1.  (§§40-41).  Organi- 
zation: Division  into  towns 
and  districts. 

Subdivision  2.  (§§  42-54).  Highway 
officers:  Their  election, 
powers,  duties  and  compen- 
sation. 

Subdivision  3.  (§§  55-62).  The  rais- 
ing of  revenue  for  high- 
way purposes  and  the  ap- 
plication thereof. 


Subdivision  4.  (§§63-67).  Provi- 
sions specially  applicable 
to  bridges  and  improve- 
ments constructed  or  re- 
paired at  the  joint  expense 
of  two  adjoining  towns  or 
districts. 

Subdivisions.  (§§68-72).  The  let- 
ting of  contracts. 

Subdivision  6.  (§§73-104).  Laying 
out,  altering,  vacating, 
widening  roads. 

Subdivision  7.  (§§  105-107).  Re- 
pairs and  maintenance  of 
roads  and  bridges. 

Subdivisions.  (§§  108-129).  Gravel, 
rock  and  macadam — hard 
roads. 

Article  7.  (§§  130-138).  Certain  provi- 
sions applicable  generally  to 
highway  officials. 

Article  8.  (§§139-157).  Law  of  the 
road:  Offenses  and  penalties. 

Artcile  9.  (§§158-167).  Optional— sin- 
gle highway  conjmissioner 
system  provided  for. 

Article  10.  (§§168-169).  Act  construed 
— statutes  repealed. 


AN  ACT  to  revise  the  law  in  relation  to  roads  and  bridges. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  G'eneral  Assembly:  That  the  laws  relating  to  roads 
and  bridges  be  and  they  hereby  are  codified,  revised  and  amended,  with 
articles,  subdivisions,  and  sections  entitled,  numbered  and  to  read 
as  follows : 

ARTICLE  I. 
DEFINITIONS. 

SECTION  1.  (a).  STATE  ROAD  AND  BRIDGE  FUND.]  That  the  term 
"State  Road  and  Bridge  Fund,"  when  used  herein,  shall  mean  all 
moneys  appropriated  by  the  State  of  Illinois  for  road  and  bridge 
purposes. 

(b)  STATE  AID  ROADS.]  The  term  "State  Aid  Roads"  herein  shall 
mean  all  roads  or  bridges  constructed,  repaired  or  improved  at  the 
joint  expense  of  the  State  and  any  county  or  counties  within  the  State 
as  hereinafter  specified. 

ARTICLE  II. 
STATE  HIGHWAY  DEPARTMENT. 

§  2.  STATE  HIGHWAY  DEPARTMENT — (A)  ESTABLISHMENT.]  There 
is  hereby  created  a  department,  to  be  known  as  the  State  Highway 

810591 


A/«'Liri 

Departrheht,  .the  officers  of  which  shall  consist  of  the  members  of  the 
:£<;.'SU$$  Highway  Commission,  the  Chief  State  Highway  Engineer,  the 
'Assistant  State  Highway  Engineer  and  the  various  subordinate  officers 
hereinafter  specified  and  set  forth. 

(B)  OFFICES.]  The  Secretary  of  State  shall  provide  for  the  State 
Highway  Department  suitably  furnished  offices  in  the  capitol  building 
at  Springfield  and  shall  provide  therefor  suitable  blanks,  stationery, 
printed  matter  and  other  office  supplies. 

§  3.  STATE  HIGHWAY  COMMISSION — (A)  OFFICE  CREATED.]  The 
Governor  shall,  by  and  with  the  advice  and  consent  of  the  Senate, 
within  thirty  days  after  this  Act  shall  take  effect,  appoint  three  State 
highway  commissioners  (no  more  than  two  of  said  persons  shall 
belong  to  or  be  affiliated  with  the  same  political  party,  nor  shall  they 
be  actively  engaged  in  any  other  business,  occupation  or  profession, 
but  shall  devote  all  their  time  to  the  work  of  said  commission),  to  hold 
office  one  for  two  years,  one  for  four  years  and  one  for  six  years,  from 
and  after  the  date  of  their  appointment  and  qualification  and  until  * 
their  respective  successors  are  appointed  and  qualified,  and  they  shall 
constitute  and  be  known  as  the  "State  Highway  Commission."  And 
on  the  first  day  of  March,  1916,  and  at  the  end  of  every  two  years 
thereafter,  the  Governor  shall,  in  like  manner  and  by  and  with  the 
advice  and  consent  of  the  Senate,  appoint  one  person  as  the  successor 
of  the  commissioner  whose  term  shall  have  then  expired,  to  serve  as 
such  commissioner  for  the  term  of  six  years  and  until  his  successor  is 
appointed  and  qualified.  One  person  appointed  on  the  board  shall  be, 
and  shall  be  designated  in  the  appointment,  the  president,  who  shall 
be  the  executive  officer  of  the  board.  Two  of  said  commissioners 
shall  constitute  a  quorum. 

(B)  OATH— BOND.]     The  members  of  the  said  State  Highway 
Commission  before  entering  upon  the  -duties  of  their  office,  shall  take 
the  oath  prescribed  by  the  Constitution  of  this  State  for  State  officers, 
and  said  oath  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

.They  shall  also  execute  a  good  and  sufficient  bond  to  the  State  in  the 
sum  of  not  less  'than  $10,000.00  each,  conditioned  upon  th'e  faithful 
performance  of  their  duties,  said  bond  to  be  approved  by  the  Governor, 
and  then  filed  with  the  Secretary  of  State. 

(C)  SALARY-^-EXPENSES.]     The  said  State^  Highway  Commission- 
ers shall  each  receive  an  annual  salary  of  three  thousand  five  hundred 
dollars  ($3,500.00),  and  in  addition  thereto  they  shall  be  allowed  their 
actual  and  necessary  traveling  expenses  incurred  in  attending  to  official 
business.     Said  commissioners  may  also  incur  necessary  expenses  for 
clerk  hire  and  other  incidental  expenses,  proper  and  necessary  for  the 
carrying  out  of  the  provisions  of  this  Act,  as  well  as  for  the  general 
purposes  hereinafter  indicated. 

(D)  .GENERAL  POWERS  AND  DUTIES.]     The  commission  provided 
for  herein  shall : 

(1)  Have  general  supervision  of  highways  and  bridges  which  are 
constructed,  improved  and  maintained  in  whole  or  in  part  by  the  aid  of 
State  moneys. 


3 

(2)  Prescribe  rules  and  regulations  not  inconsistent  with  law, 
fixing  the  duties  of  all  persons  employed  in  the  State  Highway  De- 
partment  and   the   various   county   superintendents   of   highways. 
Such  rules  and  regulations  shall,  before  taking  effect,  be  printed 
and  transmitted  to  the  highway  officials  affected  thereby. 

(3)  Aid  county  superintendents  of  highways   and  town   and 
district   commissioners   of   highways   in   establishing   grades,   pre- 
paring suitable  systems   of  drainage  and   advise   them   as  to  the 
construction,  improvement  and  maintenance  of  highways   and  bridges. 

(4)  Employ  such   clerical   and   other  assistants   as  they  may 
deem  necessary  to  properly  carry  on  the  work  of  their  office. 

(5)  Cause  plans,  specifications  and  estimates  to  be  prepared 
for  the  repair  and  improvement  of  highways  and  the  construction 
and  repair  of  bridges  when  requested  so  to  do  by  a  county  super- 
intendent of  highways  or  by  a  highway  commissioner  of  any  town 
or  road  district  therein. 

(6)  Investigate  and  determine  upon  trie  various  methods  of 
road  and  bridge  construction  adapted  to  different  sections  of  the 
State  and  as  to  the  best  methods  of  construction  and  maintenance 
of  highways  and  bridges. 

(7)  Compile  statistics  relating  to  public  highways  throughout 
the  State  and  collect  such  information  in  regard  thereto  as  they 
shall  deem  expedient. 

(8)  Aid    at    all    times    in    promoting    highway    improvement 
throughout  the  State  and  perform  such  other  duties  and  have  such 
other  powers  in  respect  to  highways  and  bridges  as  may  be  im- 
posed or  conferred  upon  them  by  law. 

(9)  Approve  and  determine  the  final  plans,  specifications  and 
estimates  for  all  State  aid  roads  upon  the  receipt  of  the  report  of 
the  plans,  specifications  and  estimates  of  the  State  Highway  Engi- 
neer as  provided  herein. 

(10)  Let  all  contracts  for  the  construction  or  improvement  of 
State  aid  roads. 

(11)  Prescribe   a  system   of  auditing:  and   accounting  for  all 
road  and  bridge  moneys  for  the  use  of  all  highway  officials,  which 
system  shall  be  as  nearly  uniform  as  practically  possible. 

(12)  Perform  all  other  duties  prescribed  in  this  Act  or  rea- 
sonably  inferable   therefrom. 

§  4.  STATE  HIGHWAY  ENGINEER — (A)  APPOINTMENT.]  As  soon  as 
practicable  after  the  taking  effect  of  this  Act,  the  Governor  shall 
appoint  a  Chief  State  Highway  Engineer  and  an  assistant  State 
highway  engineer  who  shall  each  be  competent  civil  engineers,  and 
experienced  and  skillful  in  highway  construction  and  maintenance. 
The  said  chief  State  Highway  Engineer  shall  receive  a  salary  of 
four  thousand  dollars  ($4,000)  per  annum,  and  the  assistant  chief 
State  highway  engineer  shall  receive  a  salary  of  twenty-five  hun- 
dred dollars  ($2,500)  per  annum,  and,  in  addition  thereto,  they 
shall  be  allowed  their  actual  traveling  and  other  expenses  incurred 
under  the  provisions  of  this  Act.  They  shall  each  hold  office  for 


the  period  of  six  years  and  until  their  respective  successors  are 
appointed  and  qualified. 

(B)  OATH — BOND.]   Said  Chief  State  Highway  Engineer  and  his 
assistant,  before  entering  upon  the  duties  of  their  respective  offices, 
shall  each  take  the  oath  prescribed  by  the  Constitution   of  this 
State  for  State  officers  and  said  oath  shall  be  filed  in  the  office  of 
the  Secretary  of  State. 

If  demanded  by  the  Governor,  the  said  Chief  State  Highway  engi- 
neer and  his  assistant  shall  be  required  to  execute  a  good  and 
sufficient  bond  in  such  sum  as  the  Governor  shall  prescribe,  con- 
ditioned upon  the  faithful  performance  of  their  duties,  said  bond 
to  be  approved  by  the  Governor  and  then  filed  with  the  Secretary 
of  State. 

(C)  POWERS  AND  DUTIES.]   The  said  Chief  State  Highway  Engi- 
neer   and   the   said   assistant    State   highway    engineer    shall   be    the 
administrative  and  technical  agents  of  the  State  Highway  Commis- 
sion, and  shall  be  generally  subject  to  the  orders  of  the  said  State 
Highway  Commission.     The  said  Chief  State  Highway  Engineer 
and  the  assistant  aforesaid  may  at  all  reasonable  times  be  consulted 
by  county,  township  or  road  district  officers  having  authority  over 
roads  and  bridges  relative  to  any  question  involving  such  highways 
and  bridges. 

§  5.  CIVIL  SERVICE.]  With  the  exception  of  the  State  Highwa> 
Commission,  the  Chief  State  Highway  Engineer  and  the  assistant 
State  highway  engineer,  the  appointment  of  all  assistant  agents  or 
clerks  or  other  employees  of  the  State  Highway  Department  shall 
be  subject  to  the  laws  of  this  State  relating  to  the  civil  service. 

§  6.  REMOVAL  FROM  OFFICE — VACANCY.]  The  Governor  shall  have 
the  power  to  remove  the  State  Highway  Commission,  the  State 
Highway  Engineer  and  the  assistant  State  highway  engineer  from 
their  respective  offices  for  incompetency,  neglect  of  duty  or  mal- 
feasance in  office.  Irt~case  of  a  vacancy  in  either  of  said  offices  the  said 
vacancy  shall  be  filled  by  appointment  by  the  Governor  by  and 
with  the  advice  and  consent  of  the  Senate.  When  the  Senate  is 
not  in  session,  the  Governor  may  make  an  appointment  to  fill  a 
vacancy,  but  any  appointment  made  when  the  Senate  is  not  in 
session  shall  be -subject  to  confirmation  by  ^the .  Senate  at  its  next 
session  before  becoming  permanent. 

§  7.  DUTIES  OF  PRESENT  STATE  HIGHWAY  COMMISSION  TERMIN- 
ATED.] Upon  the  appointment  of  a  State  Highway  Commission,  under 
the  provisions  of  this  Act,  the  present  State  Highway  Commission 
shall  terminate  and  the  members  thereof  shall  turn  over  all  books, 
maps,  papers,  plans  and  other  things  pertaining  to  their  office  to 
the  State  Highway  Commission  herein  provided  for. 

ARTICLE    III. 

COUNTY  SUPERINTENDENTS  OF  HIGHWAYS. 

§  8.  COUNTY  SUPERINTENDENTS  OF  HIGHWAYS — (A)  APPOINT- 
MENT.] In  each  and  every  county  of  the  State  there  shall  be  a  county 


superintendent  of  highways  to  be  appointed  in  the  manner  follow- 
ing: Within  ninety  days  after  this  Act  shall  become  effective,  the 
county  board  of  each  county  shall  submit  to  the  State  Highway 
Commission  a  list  of  from  three  to  five  persons,  residents  of  the 
county,  considered  desirable  candidates  for  the  office  of  county 
superintendent  of  highways.  The  State  commission  shall  there- 
upon determine  by  competitive  examination  from  among  the  names 
submitted,  the  person  or  persons  best  fitted  for  said  office,  and 
shall  thereupon  certify  the  same  to  the  county  board  submitting  such 
list,  who  shall  then  make  an  order  appointing,  from  the  number  found 
eligible,  one  such  person  superintendent  of  highways  for  such  county : 
Provided,  however,  that  if  on  the  list  submitted  there  is  found  no 
person  qualified  for  the  position  the  county  board  shall  in  like 
manner  submit  a  further  list  and  if  on  this  second  list  no  one  is 
found  qualified  the  county  board  may  employ  some  person  other 
than  a  resident  of  the  county  and  who  has  passed  satisfactorily  the 
examination  presented  by  the  State  Highway  Commission.  No 
part  of  any  moneys  appropriated  by  the  State  for  the  building  and 
maintaining  of  State  aid  roads  shall  be  apportioned  to  any  county 
until  such  county  superintendent  of  highways  shall  have  been  ap- 
pointed. 

(B)  TERM  OF  OFFICE — SALARY.]  The    term    of    office     of    each 
county  superintendent  of  highways  shall  be  six  years  and  until  his 
successor  is  duly  appointed  and  qualified.    He  shall  receive  a  salary 
payable  out  of  the  general  funds  of  the  county  in  a  sum  to  be  fixed 
by  the  county  board. 

(C)  REMOVAL.]  Any  county  superintendent  of  highways  may  be 
removed  from  office  by  the  county  board  of  his  county  for  incom- 
petence, neglect  of  duty  or  malfeasance  in  office. 

(D)  POWERS  AND  DUTIES.]  The  county  superintendent  of  high- 
ways shall,  subject  to  the  rules  and  regulations  of  the  State  High- 
way Commission : 

(1)  Prepare  plans,  specifications  and  estimates  for  all  bridges 
to  be  built  by  the  countv.     Such  plans  and  specifiations,  before  be- 
ins:  finally  adopted,  shall  be  submitted  to  the  State  Highway  Com- 
mission and  approved  by  them. 

(2)  Act  for  the  county  in  all  matters  relating  to  the  super- 
vision of  the  construction  and  maintenance  of  anv  road  or  bridge 
constructed  or  maintained  at  the  entire  expense  of  the  county  or  at 
the   joint   expense   of   the  county  and  any   town    or    road    district 
therein,  as  hereinafter  set  forth. 

(3)  Visit  and  inspect  the  highways  and  bridges  in  each  town 
or  district  of  his  county,  at  least  once  in  each  year  and  whenever 
directed  so  to  do  by  the  State  Highwav  Commission,  or  the  State 
Highway  Engineer,  and  advise  and  direct  the  highway  commis- 
sioners of  the  several  towns  or  districts  in  his  county  as  to  the 
best  methods  of  repair,  maintenance  and  improvement  of  highways 
and  bridges. 


6 

(4)  Subject  to  the  direction  of  the  State  Highway  Commis- 
sion, to  supervise  the  repair  and  maintenance  of  all  State  aid  roads 
within  his  county. 

(5)  Keep  a  record  of  all  contracts  or  purchases  of  materials, 
machinery  or  apparatus  to  be  used  in  road  construction  in  excess 
of  two  hundred  dollars   ($200)   approved  by  him  in  any  town  or 
district  as  hereinafter  provided. 

(6)  Perform  such  other  duties  as  may  be  prescribed  by  law,  the 
rules  and  regulations  of  the  State  Highway  Commission  or  the  direc- 
tion of  the  State  Highway  Engineer  in  conformity  thereto.     Other  than 
as  above  specifically  indicated,  the  county  superintendent  of  highways 
shall,  to  all  intents  and  purposes  be  regarded  as  a  deputy  to  the  State 
Highway  Engineer:     Provided,  however,  that  no  county  superintend- 
ent of  highways  shall  be  required,  without  his  consent,  and  the  con- 
sent of  the  board  of  supervisors,  or  the  board  of  county  commissioners, 
of  the  county  in  whose  employ  he  is  to  perform  services  in  any  other 
county. 

(E)  VACANCY.]  In  case  the  office  of  county  superintendent  of 
highways  in  any  county  shall  at  any  time  be  vacant,  and  a  temporary 
emergency  shall  arise  requiring  that  some  duly  qualified  official  perform 
the  duties  of  said  office,  then  the  State  Highway  Commission  may 
designate  any  competent  person  to  perform  the  duties  of  such  office 
during  the  existence  of  such  temporary  emergency. 

ARTICLE  IV. 
STATE  AID. 

§9.  STATE  AID  AUTHORIZED.]  Public  highways  or  sections 
thereof,  including  bridges  therein,  may  be  laid  out,  improved  or  con- 
structed at  the  joint  expense  of  the  S.tate  and  any  county  within  the 
State  as  hereinafter  provided.  In  such  case  the  State*  shall  contribute 
one-half  of  the  expense  thereof,  and  the  county  or  counties  through 
which  the  said  highway  or  portion  thereof  passes  shall  contribute  the 
remaining  one-half.  Such  highways  hereinafter  known  as  "State  Aid 
Roads,"  may  be  laid  out,  constructed  or  improved  in  the  manner  here- 
inafter directed: 

The  board  of  supervisors  or  county  commissioners  of  any  county 
shall,  by  a  majority  vote  of  the  entire  board  oi  supervisors  or  county 
commissioners,  in  regular  or  special  session,  specify  the  type  of  road 
to  be  constructed  under  the  provisions  of  this  Act  In  their  respective 
counties,  which  decision  shall  be  final  and  not  subject  to  change  by 
the  State  Highway  Commission,  whether  of  permanent  earth  improve- 
ment, (including  surface  or  sub-surface  drainage,  grading,  leveling,  and 
crowning),  gravel,  macadam,  concrete,  concrete  and  macadam  com- 
bined, or  brick,  and  the  respective  boards  of  supervisors  or  county  com- 
missioners shall  have  the  authority  to  specify  any  one  of  the  herein 
designated  types  of  roads:  Provided,  the  final  decision  as  to  type  of 
road  to  be  builded  under  the  provisions  of  this  Act  in  any  county  shall 
not  be  made  until  the  board  of  supervisors  or  county  commissioners 
shall  have  secured  from  the  State  Highway  Commission  detailed 


estimates  of  the  cost  in  their  respective  counties  of  the  several  herein 
specified  types  of  roads  and  the  estimates  furnished  by  the  State  High- 
way Commission  shall  be  published  for  two  consecutive  issues  once 
each  week  in  two  newspapers  having  the  largest  circulation  in  the 
county.  In  case  the  board  of  supervisors  or  county  commissioners  do 
not  desire  to  exercise  the  privilege  and  power  herein  conferred  upon 
them  as  to  designating  the  type  of  road  to  be  builded  and  shall  so 
notify  the  State  Highway  Commission,  then  it  shall  be  the  duty  of 
the  State  Highway  Commission  to  specify  the  type  of  road  to  be 
builded  and  the  decision  of  the  State  Highway  Commission  shall 
have  the  same  force  and  finality  as  if  made  by  the  board  of  supervisors 
or  county  commissioners.  When  a  certain  type  of  proposed  road  is 
specified  by  the  board  of  supervisors  or  county  commissioners  or  by 
the  State  Highway  Commission  by  and  with  the  consent  of  the  board 
of  supervisors  or  county  commissioners  such  type  shall  be  adhered  to 
throughout  the  entire  length  of  such  road;  that  is,  from  one  main 
objective  or  connecting  point  to  another  within  the  county:  Provided, 
nothing  herein  contained  shall  prohibit  the  State  and  county  jointly,  at 
any  future  time,  rebuilding  and  changing,  under  the  provisions  of 
this  Act,  an  earth,  gravel,  or  macadam  type  of  road  to  any  other  more 
permanent  type  herein  specified:  Provided,  further,  that  when  a 
gravel  or  macadam  road  is  constructed  the  county  shall  pay  one-half 
the  cost  of  such  maintenance:  And,  provided,  further,  that  when  an 
earth  road  is  constructed  the  county  shall  pay  the  entire  cost  of  main- 
tenance. 

Provided,  however,  that  no  road  or  part  thereof  lying  within  the 
corporate  limits  of  any  city  or  village  situated  within  any  county  of 
the  first  or  second  class,  or  any  city  or  village,  having  a  population 
exceeding  twenty  thousand  (20,000)  inhabitants  by  the  last  preceding 
Federal  census  situate  within  any  county  of  the  third  class,  shall  be 
improved  or  constructed  with  State  aid :  And,  provided,  that  a  road  or 
part  thereof  lying  within  the  corporate  limits  of  any  city  or  village 
having  a  population  of  twenty  thousand  (20,000)  inhabitants  or  less, 
ascertained  as  aforesaid,  situate  within  any  county  of  the  third  class, 
maybe  improved  or  constructed  with  State  aid,  to  connect  or  complete, 
by  the  most  direct  route,  a  State  aid  road  already  improved  or  con- 
structed or  being  improved  or  constructed  to  the  corporate  limits  of 
such  city  or  village. 

And,  provided  also,  that  a  road  or  part  thereof  lying  within  the 
corporate  limits  of  any  city,  village  or  town,  having  a  population  of 
two  thousand  five  hundred  (2,500)  inhabitants  or  less  as  ascertained 
as  aforesaid  in  any  county,  may  be  improved  or  constructed  with 
State  aid,  to  connect  or  complete  by  the  most  direct  route,  a  State 
aid  road  already  improved  or  constructed  or  being  improved  or 
constructed,  to  the  corporate  limits  of  such  city,  village  or  town. 
The  cost  of  such  road  for  the  same  width  as  outside  of  the  corporate 
limits  and  of  the  same  materials  may  be  provided  for  in  the  same 
manner  as  for  that  portion  outside  the  corporate  limits.  By  agree- 
ment between  the  State  Highway  Commission  and  the  common 


8 

council  or  board  of  trustees,  a  road  or  street  of  greater  width  and 
of  different  materials  may  be  constructed  through  such  city,  vil- 
lage or  town  by  the  State  Highway  Commission,  such  city,  village 
or  town  to  pay  the  excess  cost,  if  any,  for  such  greater  width,  or 
different  material.  But  such  city,  village  or  town  shall  thereafter 
maintain  said  road  or  street  within  the  corporate  limit. 

[Amended  by  Act  approved  June  25,  1917. 

§  10.  At  their  next  regular  or  special  meeting  following  the  pas- 
sage of  this  Act  it  shall  be  the  duty  of  the  supervisors  in  counties  under 
township  organization,  or  the  board  of  county  commissioners  in  coun- 
ties not  under  township  organization,  to  designate  those  public  high- 
ways within  their  respective  counties  that  shall  come  under  the  provi- 
sions of  this  Act.  The  highways  to  be  designated  by  the  county 
boards  shall  be  as  nearly  as  possible  those  highways  connecting  the 
principal  cities  and  trading  points  in  each  county  with  each  other,  and 
also  with  the  principal  cities  and  trading  points  in  other  counties. 

§11.  Such  highways  shall  not  include  any  portion  of  a  public 
highway  within  the  corporate  limits  of  any  city  or  village,  except  as 
in  section  9  of  this  Act  provided;  nor  shall  the  total  mileage  of  such 
highway  in  any  county  exceed,  in  counties  of  the  first  class,  more 
than  fifteen  per  centum  of  the  total  public  road  mileage  of  that  county, 
nor  exceed  twenty  per  centum  of  the  public  road  mileage  in  counties 
of  the  second  class,  and  shall  not  exceed  twenty-five  per  centum  of 
the  public  road  mileage  in  counties' of  the  third  class.  By  public  roads 
it  is  understood  to  mean  all  public  roads  within  the  State  except  those 
within  the  limits  of  such  incorporated  cities  and  villages  as  are  by  sec- 
tion 9  of  this  Act  excluded ;  the  public  road  mileage  of  the  counties  to 
be  that  as  determined  and  published  by  the  State  Highway  Commis- 
sion. [As  amended  by  Act  approved  June  25,  1915. 

§  12.  The  county  boards  shall  indicate  the  highways  selected  as 
aforesaid  by  marking  them  upon  some  map  which  shows  the  'public 
roads  and  section  lirtes  in  the  county,  and  for  this  purpose  existing 
atlas  maps  may,  be  used,  provided  the  roads  selected  are  plainly 
marked  thereon.  '  _  _«_^ 

After  the  county  boards  have  so  selected  the  highways  within 
their  respective  counties  as  aforesaid,  and  indicated  the  same  on  a 
map  of  the  county,  it  shall  be  the  duty  of  the  county  clerk  imme- 
diately to  forward  said  map,  with  his  signature  thereon  attesting  to  the 
validity  of  the  same,  to  the  State  Highway  Commission.  The  State 
Highway  Commission  shall  examine  the  map  with  the  roads  located 
thereon,  and  if  the  roads  selected  in  one  county  do  not  connect  with 
the  roads  selected  in  another  county  to  make  convenient  through  roads 
between  the  various  cities  and  trading  points  of  the  different  counties, 
the  State  Highway  Commission  shall  make  such  changes  as  will  best 
serve  to  make  the  most  direct  routes  between  such  cities  and  trading 
points  of  the  different  counties,  and  return  to  the  county  clerks  the 
maps  with  the  corrections  shown  thereon. 

§  13.  If  in  the  judgment  of  the  State  Highway  Commission  it  be- 
comes necessary  to  relocate  the  routes  as  selected  by  the  county  board. 


9 

for  State  highways  in  any  county,  the  State  Highway  Commission  may 
notify  the  respective  boards  who  shall,  at  their  special  meeting  when 
they  are  selecting  the  State  highways,  appoint  a  committee  not  to 
exceed  five  in  number,  who  shall,  if  they  choose,  appear  before  the 
State  Highway  Commisson,  who  shall  give  hearings  on  the  relocation 
of  the  routes  as  first  selected  by  the  county  boards.  After  taking 
into  consideration  the  information  thus  presented  by  these  special  com- 
mittees, the  State  Highway  Commission  shall  then  proceed  to  indicate 
the  routes  along  which  State  aid  roads  may  be  constructed,  as  herein- 
after provided.  The  highways  selected  by  the  county  boards  and  shown 
on  the  maps  as  revised  by  the  State  Highway  Commission,  shall  be  the 
highways  to  which  the  provisions  of  this  Act  shall  apply,  and  they  shall 
not  apply  to  any  other  public  highways.  -After  the  county  map  has 
been  finally  corrected  by  the  State  Highway  Commisson,  a  copy  shall 
be  returned  to  the  county  clerk  and  a  copy  retained  by  the  State  High- 
way Commission. 

§  14.  The  county  clerk  shall  enter  the  map  returned  to  him  among 
his  official  records,  and  no  changes  in  the  routes  indicated  thereon  shall 
be  made,  except  by  a  vote  of  the  county  board  and  with  the  approval 
of  the  State  Highway  Commission,  as  hereinafter  indicated ;  and  no 
changes  whatever  shall  be  made  in  the  routes  of  such  highways  prior 
to  three  years  after  the  filing  of  the  first  map  thereof,  except  that  in  the 
event  the  routes  as  first  selected  and  shown  do  not  total  a  mileage  equal 
to  the  percentage  allowed  for  that  county,  additional  roads  may  be 
added  until  the  total  percentage  is  equaled. 

§  15.  If  any  county  board  shall  fail  within  six  monfchs  after  the 
passage  of  this  Act  to  forward  to  the  State  Highway  Commission  a 
map  showing  the  routes  selected  for  State  aid  roads,  then  the  State 
Highway  Commission  may  make  such  selection  itself  from  the  best 
information  that  may  be  available,  and  a  copy  of  such  map  with  the 
roads  selected  shall  be  sent  to  the  county  clerk  of  those  counties  whose 
boards  have  not  made  a  selection  within  the  six  months  as  herein  pro- 
vided which  fact  shall  be  indicated  on  the  map  submitted  by  the  State 
Highway  Commission;  and  it  shall  be  the  duty  of  the  county  clerk  to 
file  such  map  among  his  records. 

§  15a.  The  improvement  of  the  system  of  State  highways  as 
herein  provided  shall  be  carried  on  as  follows:  From  such  appro- 
priations as  the  General  Assembly  may  from  time  to  time  make  for 
the  purpose  of  carrying  out  the  provisions  of  this  Act,  there  shall  be 
allotted  by  the  State  Highway  Commission  each  year  for  each  county 
an  amount  that  shall  bear  the  same  ratio  to  the  total  appropriation 
for  that  year  that  the  total  amount  levied  in  each  county  for  roads 
and  bridges  bears  to  the  total  amount  levied  in  the  state  for  roads 
and  bridges,  as  determined  from  the  published  reports  of  the  Auditor 
of  Public  Accounts  from  the  last  year  so  reported :  Provided,  that 
to  counties,  in  which  more  than  40  per  cent  of  the  total  amount  appro- 
priated by  the  General  Assembly  for  building  roads  is  collected,  includ- 
ing any  amount  collected  for  automobile  and  kindred  licenses,  and 
devoted  to  road  building  by  such  appropriation,  there  shall  be  allotted, 


10 

under  the  provisions  hereof,. an  amount  equal  to  twenty-five  per  cent 
(25%)  of  .the  amount  so  collected  in  such  county. 

The  sum  so  allotted  to  each  county  shall  be  used  to  defray  the 
cost  of  constructing  State  aid  roads  when  such  work  is  carried  on 
in  conformity  with  the  provisions  of  this  Act :  Provided,  that  the 
allotment  made  by  the  State  shall  not  be  used  to  defray  more  than 
one-half  the  cost  of  any  improvement  done  under  the  provisions  of 
this  Act. 

§  15b.  If  for  any  reason  any  county  shall  within  six  months  from 
the  date  of  the  allotment  fail  to  provide  and  appropriate  an  amount 
equal  to  said  allotment  by  the  State  Highway  Commission  for  the 
purpose  of  constructing  State  aid  roads,  then  the  amount  so  allotted 
shall  be  forfeited  by  said  county  and  the  same  shall  be  reallotted  to 
those  counties  which  have  complied  with  the  requirements  herein 
contained. 

§  loc.  It  shall  be  considered  sufficient  acceptance  of  the  allotment  . 
to  a  county  of  the  State  appropriation  for  the  construction  of  State 
aid  roads,  if  a  county  board  shall  give  notice  to  the  State  Highway 
Commission  that  it  has  -assessed  a  tax  to  raise  its  portion  of  the  cost, 
or  that  it  has  passed  an  order  submitting  to  a  vote  of  the  people  the 
question  of  raising  an  additional  tax  for  this  purpose,  or  that  it  has 
passed  an  order  submitting  to  a  vote  of  the  people  the  question  of 
issuing  bonds  for  this  purpose,  Otherwise,  a  county's  allotment  shall 
be  considered  forfeited,  as  provided  in  section  15b  of  this  Act. 

§  15d.  If  any  county  desires,  more  rapidly  than  its  allotments  of 
State  aid  road  moneys  will  permit,  to  construct  a  State  aid  road  along 
any  one  or  more  of  its  highways  that  have  been  selected  and  desig- 
nated, under  the  provisions  of  this  Act,  as  State  aid  roads,  such  county 
is  hereby  authorized  to  advance,  out  of  any  county  funds  available 
from  any  source,  or  which  may  become  available  from  any  source,  for 
such  purpose,  the  entire  cost  of  constructing  such  State  aid  roads  and 
to  make  such  improvement  at  any  time :  Provided,  also,  that  any  such 
Bounty  may  accept,  receive  and  use  as  county  funds  for  such  purpose 
any  money  turned  over  to  such  county  by  any  town  or  road  district 
.in  such  county,  and  the  commissioners  of  highways  of  any  such  town 
or  road  district  are  hereby  authorized  to  turn  over  to  such  county 
money  from  the  permanent  road  fund  or  other  available  fund  of  the 
town  or  road  distrct,  to  be  used  bv  such  county,,  upon  terms  and  con- 
ditions prescribed  by  the  State  Highway  Commission,  to  construct  a 
State  aid  road  in  such  town  or  road  district.  Such  county  shall,  in 
such  case,  have  the  right  to  use  any  allotment  of  money  made  to  it  by 
the  State  Highway  Commission,  to  defray  one-half  the  cost  of  con- 
structing new  State  aid  roads,  in  the  county,  under  the  provisions  of 
this  Act,  or  to  apply  the  money  on  the  payment  of  any  bonds  or  other 
obligations  which  have  been  or  may  be  issued  by  such  county,  under 
any  law  of  this  State,  to  meet  the  cost  of  the  construction  of  any  State 
aid  road  or  roads  constructed  by  such  county  at  its  own  expense: 
Provided,  however,  that  the  allotments  made  by  the  State  shall  not  be 
used  to  cover  more  than  one-half  the  cost  of  the  construction  of  such 


11 

State  aid  roads :  And,  provided,  also,  that  such  State  aid  roads  shall 
have  been  constructed  under,  and  in  accordance  with,  plans,  specifica- 
tions, estimates  of  cost  and  contracts  approved  by  the  State  Highway 
Commission  and  which  roads  shall  have  been  found,  upon  inspection 
of  the  State  Highway  Engineer,  to  have  been  completed  as  provided 
for  in  said  contracts.  All  highways  constructed  or  improved  in  any 
county  under  the  provisions  of  this  section  shall  be  known  as  State  aid 
roads  and  shall  thereafter  be  repaired  and  maintained  under,  and  in 
accordance  with,  the  provisions  of  section  32  of  this  Act,  and  any 
amendments  thereto. 

If  any  county  desires  so  to  advance  money  for  the  purpose  of  the 
construction  or  improvement  of  its  State  aid  roads,  its  county  board  is 
hereby  vested  with  full  power  and  authority  to  take  all  necessary  steps 
in  such  case  and  such  county  board  may,  out  of  any  funds  in  the  county 
treasury,  not  required  for  other  purposes,  appropriate  therefrom  suf- 
ficient moneys  to  meet  the  cost  of  constructing  or  improving  such 
State  aid  roads,  and  may  also,  in  any  manner  provided  by  law  for 
issuing  county  bonds,  issue  bonds  of  the  county  for  the  purpose  of 
constructing  or  improving  such  State  aid  roads:  Provided,  that  the 
question  of  issuing  such  county  bonds  shall  first  be  submitted  to  the 
legal  voters  of  such  county  at  any  general  election  or  at  a  special 
election  which  the  county  board  is  hereby  authorized  to  call  for  such 
purpose:  And,  provided,  also,  that  the  county  board  of  such  county 
shall,  before  adopting  a  resolution  to  submit  such  question  to  a  vote, 
adopt  a  resolution  specifying  the  particular  roads  to  be  improved,  the 
type  of  improvement  to  be  made  on  each  section  of  such  roads,  the 
proposed  widths  of  the  paved  and  graded  roadway,  together  with  an 
estimate  of  the  cost  of  such  improvement,  all  of  which  shall  have  been 
approved  by  the  State  Highway  Commission :  And,  provided,  also, 
that  such  bonds  shall  be  issued  to  mature  in  not  less  than  ten  nor  more 
than  twenty  annual  series,  the  last  series  to  mature  not  more  than 
twenty  years  from  date  of  issue.  If  the  question  of  an  issue  of  such 
bonds  is  submitted  to  the  people,  notice  of  election  shall  be  given  and 
the  election  shall  be  held  and  returns  made,  all  in  the  manner  now  pro- 
vided by  the  general  election  laws  of  this  State,  and  the  ballots  shall 
be  in  substantially  the  following  form : 


Shall  county  bonds  for  roads  be  issued  to  the 

Yes 

amount  of  $  ? 

No 

If  a  majority  of  the  voters  voting  on  such  question  vote  in  favor 
of  the  proposition  the  county  board  shall  at  once  issue  the  bonds  and 
take  the  necessary  steps  to  construct  or  improve  the  State  aid  roads 
provided  for.  This  section  shall  not  be  construed  to  repeal  any  other 
law  on  the  subject  of  issuing  county  bonds,  except  in  so  far  as  such 
other  law  is  in  direct  conflict  herewith. 


12 

If  it  shall  be  deemed  necessary  to  submit  to  a  vote  of  the  people 
at  the  same  election  (whether  a  general  election  or  special  election) 
the  question  of  issuing  bonds  and  the  raising  of  an  additional  tax,  the 
same  may  be  included  in  one  proceeding  and  in  that  case  the  ballot 
shall  be  in  substantially  the  following  form: 


Shall  county  bonds  for  roads  be  issued  to 
the  amount  of  $  and  an 

Yes 

additional  tax  levied  for  the  payment  of 
interest  and  principal  of  such  bonds? 

No 

[Amended  by  Act  approved  June  27,  1917. 

§  16.  PROCEEDINGS  FOR  CONSTRUCTION  OF  STATE  AID  ROAD — PRE- 
LIMINARY RESOLUTION  OF  COUNTY  BOARD.]  Whenever  the  county  board 
of  any  county  desires  to  initiate  proceedings  for  the  construction  of 
a  State  aid  road,  along  a  route  designated  as  aforesaid,  such  county 
board  may  proceed  in  the  manner  following:  The  county  board  may 
pass  a  resolution  stating  that  the  public  interest  demands,  the  improve- 
ment of  a  highway  or  section  thereof  within  the  county,  and  request- 
ing that  it  be  constructed  or  improved  as  provided  in  this  article. 
Such  resolutions  shall  contain  a  description  of  such  highway  or  section 
thereof.  The  county  clerk  shall,  within  ten  days  after  the  passage 
of  such  resolution,  transmit  a  certified  copy  thereof  to  the  State 
Highway  Commission. 

§  17.  EXAMINATION  OF  PROPOSED  HIGHWAY — APPROVAL  OR  DISAP- 
PROVAL BY  COMMISSION.]  As  soon  as  practicable  after  the  receipt  of 
such  resolution,  the  State  Highway  Commission  shall  consider  the 
apparent  desirability  and  importance  of  the  proposed  improvement, 
and  shall  determine  whether  such  proposed  improvement  will  be  of 
public  utility  and  convenience,  and  whether  the  construction  thereof 
will  be  practically  possible.  After  such  consideration  the  commission 
shall  certify  their  approval  or  disapproval  of  the  proposed  improve- 
ment to  the  county  board  making  application  therefor. 

§  18.  MAPS,  PLANS,  SPECIFICATIONS  AND  ESTIMATES.]  Whenever 
the  commission  shall  have  made  their  preliminary  order  as  aforesaid, 
in  favor  of  the  construction  or  improvement  of  a  public  highway  or 
section  thereof,  the  said  commission  shall  direct  the  State  Highway 
Engineer,  or  the  assistant  State  highway  engineer  to  cause  proper 
surveys  to  be  made  and  to  prepare  suitable  maps,  plans,  specifications 
and  estimates  of  cost  of  the  proposed  improvement.  In  the  prepara- 
tion of  such  plans,  specifications  and  estimates,  the  State  Highway 
Commission  may  cause  to  be  included  therein,  the  value  of  any 
materials  or  the  fair  rental  value  of  any  implements,  apparatus  or 
machinery  suitable  for  road  construction  which  the  State  Highway 
Commission  desires  should  be  furnished  or  supplied  by  the  State.  In 
the  preparation  thereof  the  State  Engineer  may  call  upon  the  county 
superintendent  of  highways  to  render  such  assistance  and  to  preform 
such  part  of  such  work  as  he  shall  deem  necessary.  The  preparation 


13 

of  such  plans,  specifications,  surveys  and  estimates  of  cost  shall  be 
subject  to  the  general  direction  and  control  of  the  State  Highway 
Commission.  If  deemed  advisable  such  plans,  surveys,  specifications 
and  estimates  may  provide  for  the  widening  of  an  existing  highway  j 
or  provide  for  a  reasonable  deviation  from  the  route  described  in  the 
preliminary  resolution  of  the  county  board. 

§  19.  EMINENT  DOMAIN.]  In  case  the  plans  and  surveys  provided 
for  in  the  preceding  section  require  the  taking  or  damaging  of  the 
property  of  any  private  land  owner  the  State  Highway  Commission 
in  such  manner  as  they  may  determine,  shall,  if  possible,  agree  with 
such  private  owner  relative  to  the  amount  of  damages  sustained, 
conditioned  upon  the  construction  of  the  proposed  improvement.  Such 
agreement  when  made,  shall  be  given  full  force  and  effect  according 
to  the  terms  thereof.  In  case  such  land  owner  fails  to  reach  an  agree- 
ment with  the  commission  respecting  such  damages,  or  is  legally 
incapable  of  so  doing,  the  said  State  Highway  Commission  may  file 
a  petition  in  any  court  of  competent  jurisdiction  addressed  to  any 
judge  thereof  in  vacation,  praying  for  the  assessment  of  damages  for 
such  proposed  improvement,  after  the  manner  now  provided  by  law 
relative  to  the  exercise  of  the  right  of  eminent  domain.  The  damages 
as  thus  finally  determined  either  by  agreement  or  proceedings  in  emi- 
nent domain  shall  be  included  in  the  estimate  of  the  cost  of  the  pro- 
posed improvement,  to  be  borne  equally  by  the  State  and  the  county 
constructing  the  same. 

In  case  a  proposed  improvement  be  abandoned  after  a  resort  to 
proceedings  in  eminent  domain  as  aforesaid,  the  costs  of  such  proceed- 
ings to  which  the  property  owner  is  by  law  entitled,  shall  nevertheless 
be  paid  one-half  out  of  the  State  road  and  bridge  fund  and  the  remain- 
ing one-half  by  the  county. 

§  20.  REPORT  TO  STATE  HIGHWAY  COMMISSION  AND  TO  COUNTY 
BOARD.]  Whenever  the  surveys,  plans,  specifications  and  estimates  of 
the  proposed  improvement  are  fully  completed  and  determined,  the 
State  Highway  Engineer  shall  make  a  complete  report  thereof  and 
deliver  the  same  to  the  State  Highway  Commission,  and  shall  also 
transmit  a  copy  thereof  to  the  county  board  of  the  county  wherein 
it  is  proposed  to  construct  the  improvement. 

§  21.  FINAL  RESOLUTION  OF  STATE  HIGHWAY  COMMISSION.]  Upon 
receiving  the  surveys,  plans,  specifications  and  estimates  provided  for 
in  the  preceding  sections,  the  State  Highway  Commission  shall  finally 
determine  whether  they  will  authorize  the  construction  of  the  pro- 
posed improvement  as  a  State  aid  road.  The  commission  shall  there- 
upon at  once  cause  a  copy  of  such  determination  to  be  transmitted  to 
the  county  board. 

§  22.  FINAL  RESOLUTION  OF  COUNTY  BOARD.]  At  any  regular  or 
special  meeting  of  the  county  board  held  after  notice  of  the  decision 
of  the  State  Highway  Commission  to  authorize  the  construction  of 
the  proposed  improvement  as  aforesaid,  the  county  board  shall  de- 
termine whether  it  will  authorize  the  proceedings  necessary  to  enable 
the  county  to  contribute  one-half  of  the  cost  required  for  the  con- 


14 

struction  of  State  aid  roads  as  provided  in  this  Act.  When  a  county 
board  has  once  adopted  a  final  resolution  providing  for  the  construc- 
tion or  improvement  of  a  highway  or  a  section  thereof  in  accordance 
with  such  plans  and  specifications,  no  resolution  thereafter  adopted 
by  such  board  shall  rescind  or  annul  such  prior  resolution,  either 
directly  or  indirectly,  excepting  under  the  advice  and  with  the  consent 
of  the  State  Highway  Commission.  In  case  the  county  board  desires 
that  such  provision  be  made  for  the  construction  of  a  State  aid  road, 
it  may  proceed  in  either  of  the  methods  following: 

(1)  In  case  there  be  sufficient  funds  in  the  county  treasury  avail- 
able therefor,  the  county  board  may  appropriate  therefrom  sufficient 
to  meet  one-half  the  cost  of  the  improvement. 

(2)  If  the  county  board  so  desires  and  deems  it  necessary  for 
the  purpose  of  the  improvement  herein  authorized,  the  said  county 
board,  in  the  manner  now  provided  by  law  for  issuing  bonds  for  county 
purposes,  may  submit  to  the  legal  voters  of  their  county  the  question  of 
issuing  such  county  bonds.      In  such  case  the  votes  in  favor  of  the 
proposition  submitted  shall  be   "For   County  Bonds    for   State  Aid 
Roads,"  and  those  against  shall  be  "Against  County  Bonds  for  State 
Aid  Roads." 

§  23.  All  moneys  appropriated  by  any  county  board  to  aid  in  the 
construction  of  a  State  aid  road,  and  all  moneys  raised  by  taxation 
therefor  shall  be  held  as  a  separate  fund  therefor  until  paid  out 
according  to  the  provisions  of  this  Act,  and  shall  not  be  expended  for 
any  other  purpose. 

§  24.  FINAL  NOTICE  TO  STATE  HIGHWAY  COMMISSION.]  In  case  the 
county  finally  determines  in  either  of  the  methods  indicated  in  the 
preceding  section,  to  make  provisions  for  the  contemplated  State  aid 
road,  the  county  clerk  shall  at  once  notify  the  State  Highway  Commis- 
sion thereof. 

§  25.  ORDER  OF  CONSTRUCTION  OF  STATE  AID  ROA^S.]  Upon  the 
receipt  of  the  notice  that  the  county  has  finally  determined  upon  the 
construction  of  a  State  aid  road  in  the  manner  aforesaid,  the  State 
Highway  Commission  shall  proceed  as  provided  in  this  article.  In  so 
far  as  practicable,  in  the  opinion  of  the  State  Highway  Commission, 
the  construction  and  improvement  of  State  aid  roads  shall  be  taken 
up  and  carried  forward  within  the  several  counties  of  the  State  in 
the  consecutive  order  of  the  date  of  the  receipt  by  the  commission  of 
the  certified  copies  of  the  final  resolutions  adopted  by  the  various 
county  boards  making  provision  for  such  construction  or  improvements, 
as  aforesaid:  Provided,  that  until  the  notices  and  proceedings  have 
been  given  and  had  as  in  the  preceding  sections  provided  the  designated 
roads  shall  remain  under  the  control  of  the  township  road  authorities. 

§  26.  CONTRACT  FOR  STATE  AID  ROADS.]  State  aid  roads  may  be 
constructed  or  improved  by  contract  in  the  manner  provided  herein. 
No  contract  for  the  improvement  or  construction  of  a  State  aid  road 
shall  be  entered  into  unless  at  the  time  there  is  in  the  State  road  and 
bridge  fund,  subject  to  the  order  of  the  State  Highway  Commission, 
sufficient  moneys  to  defray  the  portion  of  the  cost  thereof  which  the 


• 

15 

State  is  required  to  contribute  under  the  provisions  of  this  Act.  Upon 
the  completion  and  final  adoption  or  approval,  as  provided  by  law,  of 
the  plans  and  specifications  and  estimates  for  the  construction  or 
improvement  of  a  State  aid  road,  a  contract  therefore  may  be  executed 
as  provided  herein. 

In  letting  contracts  for  the  building  of  bridges,  or  culverts,  wherein 
the  county  alone  is  interested,  or  wherein  the  county  and  State  are 
interested,  or  the  county  and  township  or  road  district  are  interested, 
it  shall  be  the  duty  of  the  officials  in  letting  said  contracts  to  invite, 
receive  and  consider  proposals  on  any  other  plan  other  than  the  one 
prepared  by  the  county  superintendent  of  highways,  or  State  Highway 
Commisison,  and  they  shall  require  that  all  proposals  on  such  plans 
shall  be  accompanied  with  complete  stress  diagrams  and  specifications ; 
nature,  quality  and  size  of  material  to  be  used ;  strength  of  structure 
when  completed,  etc.,  it  being  understood,  however,  that  before  any 
such  plans  shall  be  finally  adopted  it  shall,  in  like  manner  as  all  other 
plans,  profiles,  specifications  and  estimates  submitted,  have  the  approval 
of  the  county  superintendent  of  highways  and  the  State  Highway 
Commission. 

(1)  The  State  Highway  Commission  shall  advertise  for  proposals 
for  the  construction  or  improvements  of  such  highways  or  sections 
thereof,  according  to  the  plans,  specifications  and  estimates  prepared 
therefor.    The  advertisement  shall  be  limited  to  a  brief  description  of 
the  work  proposed  to  be  done,  the  terms  and  conditions  under  which 
proposals  will  be  received,  the  time  and  place  where  the  same  will  be 
opened,  and  such  other  matters  as  the  commission  m#y  deem  advisable 
to  include  therein.     Such  advertisement  shall  be  published  at  least 
once  in  each  week  for  two  consecutive  weeks  in  a  newspaper  published 
in  the  county  in  which  such  highway  or  section  thereof  is  to  be  con- 
structed or  improved,  and  in  such  other  newspapers  as  the  commission 
may  designate.    In  such  advertisement  the  State  Highway  Commission 
may  provide  that  certain  materials,  or  machinery  or  implements  suit- 
able for  road  construction  shall  be  furnished  by  the  State  or  used  in 
the  construction  of  said  State  aiol  road,  and  may  also  indicate  the  fair 
value  of  the  same  or  for  the  use  thereof. 

(2)  Each  proposal  shall  specify  the  gross  sum  for  which  the  work 
will  be  performed  exclusive  of  such  materials  as  may  be  furnished  by 
the  State  and  also  shall  include  the  amount  to  be  charged  for  such 
item  specified  in  the  estimate.      The  commission  may  prescribe  and 
furnish  forms  for  the  submission  of  such  proposal  and  may  prescribe 
the  manner  of  submitting  the  same  which  shall  not  be  inconsistent 
herewith.    The  proposals  shall  be  publicly  opened  at  the  time  specified 
in  the  advertisement  aforesaid  and  when  opened  such  proposals  shall 
be  subject  at  all  reasonable  times  to  public  inspection  and  at  the  time 
of  opening  shall  be  publicly  read. 

(3)  The  contract  for  the  construction  or  improvement  of  such 
highways  or  section  thereof  shall  be  awarded  to  the  lowest  responsible 
bidder,  except  that  no  contract  shall  be  awarded  at  a  sum  which, 
together  with  the  value  of  materials  and  machinery  to  be  furnished  by 


16 

the  State  as  fixed  by  the  State  Highway  Commission,  shall  exceed  the 
estimate  made  for  the  construction  or  improvement  of  such  highway 
or  section  thereof  in  accordance  with  the  aforesaid  plans  and  specifica- 
tions. The  lowest  bid  shall  be  deemed  to  be  that  which  specifically 
states  the  lowest  gross  sum  for  which  the  entire  work  shall  be  per- 
formed, including  all  the  items  specified  in  the  estimate  therefor. 

(4)  The  commission  may  reject  any  or  all  proposals  and  may  at 
once  advertise  for  new  proposals  as  hereinbefore  provided,  if  in  their 
opinion  the  best  interests  of  the  State  will  thereby  be  promoted. 

(5)  The  commission  shall  prescribe  the  form  of  contract  and  may 
include  therein  such  matters  as  they  may  deem  advantageous  to  the 
State.    Such  form  shall  be  uniform  in  so  far  as  it  may  be. 

(6)  Each  contractor  before   entering  into   a   contract   for   such 
construction  or  improvement,  shall  execute  a  bond  in  the  form  pre- 
scribed by  the  commission,  in  the  penal  sum  of  not  less  than  one-third 
the  amount  of  the  contract,  with  sufficient  sureties  to  be  approved 
by  the  commission   conditioned   that   he   will   perform  the   work   in 
accordance  with  the  terms  of  the  contract,  and  with  the  plans  and 
specifications,   and   that   he   will   commence   and   complete   the   work 
within  the  time  prescribed   in   the   contract.     Such  bond   shall  also 
provide  against  any  direct  or  indirect  damages  that  may  be  suffered 
or  claimed  on  account  of  such  construction  or  improvement  during 
the  time  thereof,  and  until  the  highway  is  accepted :     Provided,  one- 
third  the  total  amount  of  such  bond  shall  also  be  conditioned  upon 
the  payment  by  the  contractors  of  all  sums  of  money  due  for  any  labor, 
material,  apparatus,  fixtures  or  machinery  furnished  to  such  contractor 
for  the  purpose  of  such  construction  or  improvement.    One-third  total 
amount  of  such  bond  shall  inure  to  the  benefit  of  any  person  to  whom 
any  money  may  be  due  for  any  such  labor,  material,  apparatus,  fixtures 
or  machinery  so  furnished  and  suit  may  be  maintained  on  such  bond 
by  any  such  person  for  the  recovery  of  any  such  money.  % 

(7)  The  contract jnay  provide  for  partial  payments  to  an  amount 
not  exceeding  90  per  c~entum  of  the  value  of  the  work  done  which 
shall  be  paid  in  the  manner  provided  by  this  article  when  certified  to 
by  the  commission.    In  case  partial  payments  are  made  the  State  and 
county  shall  each  pay  one-half  thereof  as  the  work  progresses.     Ten 
per  centum  of  the  contract  price  shall  be  retained  until  the  entire  work 
has  been  completed  and  accepted.    But  no  final  payment  shall  be  made 
on  account  of  such  construction  or  improvement  until  jt  is  shown  that 
all  sums  of  money  due  for  any  labor,  material,  apparatus,  fixtures  or 
machinery  furnished  for  the  purpose  of  such  improvement  have  been 
paid.     [Amended  by  an  Act  approved  June  25,  1915. 

§  27.  ACCEPTANCE  OF  STATE  AID  ROAD  WHEN  COMPLETED.]  Upon 
the  completion  of  a  State  aid  road  or  section  thereof  constructed  or 
improved  under  a  contract  let  as  provided  in  this  article,  the  State 
Highway  Engineer  shall  inspect  the  same,  and  if  completed  as  pro- 
vided in  the  contract,  he  shall  thereupon  report  to  the  State  Highway 
Commission.  If  the  commission  approve,  they  shall  notify  the  con- 
tractor thereof  and  the  highway  or  section  thereof  so  constructed  or 


1? 

improved  shall  be  deemed  to  have  been  accepted  by  the  State.  Such 
acceptance  shall  also  be  communicated  by  the  State  Highway  Com- 
mission to  the  county  clerk  of  the  county  wherein  such  improvement 
or  portion  thereof  is  located. 

§  28.  PAYMENTS — HOW  MADE — EFFECT  OF  CONTRACT.]  Upon  the 
acceptance  by  the  State  of  an  improvement  as  hereinbefore  provided, 
the  contractor  shall  be  entitled  to  receive  the  portion  of  the  contract 
price  then  remaining  due  and  unpaid.  The  contractor  shall  receive 
one-half  of  the  total  cost  of  su^h  improvement  directly  from  the  State 
treasury,  and  the  other  half  shall  be  paid  by  the  county  to  such  con- 
tractor. 

Upon  the  order  of  the  State  Highway  Commission,  the  Auditor 
of  Public  Accounts  is  hereby  authorized  to  draw  his  warrant  upon 
the  State  Treasurer  for  any  unexpended  balance  remaining  in  the 
State  road  and  bridge  fund. 

§  29.  LEGAL  EFFECT  OF  CONTRACT.]  Any  contract  entered  into  by 
and  between  the  State  Highway  Commission  and  any  contractor  for 
the  construction  of  a  State  aid  road  according  to  the  provisions  of  this 
Act  shall  be  taken  and  held  to  confer  upon  the  contractor  the  right 
to  enforce  in  any  appropriate  legal  action  against  the  countv  wherein 
the  improvement  is  located  the  payment  of  the  portion  of  the  cost 
thereof  which  the  county  is  required  to  pay  under  the  provisions  of 
this  Act. 

§  29a.  For  the  purpose  of  assisting  in  the  construction  of  the  pro- 
posed system  of  State  aid  roads  in  any  county,  the  board  of  supervisors 
or  the  county  commissioners  of  such  countv  are  hereby  authorized  to 
accept  donations  from  townships,  cities,  villages,  corporations  or  indi- 
viduals. Any  such  county  may  elect  to  pay  a  greater  proportion  than 
one-half  of  the  cost  of  the  improvement  of  any  section  of  State  aid 
road  by  passing  a  resolution  designating  the  amount  which  the  county 
will  pay  in  excess  of  one-half  of  the  said  cost,  and  filing  a  copy  of  said 
resolution  with  the  State  Highway  Commission  at  the  time  of  filing 
the  preliminary  resolution  for  the  improvement  of  said  section. 

The  said  section  of  State  aid  road  shall  be  constructed  in  the  man- 
ner heretofore  provided  in  this  Act,  and  all  payments  upon  estimates 
shall  be  made  in  the  respective  proportion  provided  to  be  paid  by  the 
State  and  the  county  as  shown  by  said  resolution ;  and  the  road,  when 
completed  and  accepted  by  the  State,  shall  be  taken  over  as  a  State  aid 
road.  [Added  by  an  Act  approved  June  23,  1915. 

§  30.  ROADS  CONSTRUCTED  DIRECTLY  BY  THE  STATE.]  In  case  the 
State  Highwav  Commission  upon  a  second  advertisement  for  bids  or 
proposals  for  the  construction  or  improvement  of  a  State  aid  road  shall 
not  be  able  to  let  the  contract  for  a  sum,  which,  together  with  the  value 
of  materials,  apparatus,  implements  and  machinery  to  be  furnished  by 
the  State  determined  as  aforesaid,  shall  not  exceed  the  estimate  of  the 
cost  thereof  previously  made  by  the  State  Highway  Engineer,  the  State 
Highway  Commission  may  then  proceed  directly  to  construct  such 
State  aid  road.  In  such  case  the  county  within  which  such  proposed 
improvement  shall  be  located,  shall  not  be  required  to  contribute  thereto 
more  than  one-half  the  estimated  cost  thereof  as  aforesaid. 


18 

§  31.  COUNTY  LINE  ROADS.]  State  aid  roads  may  be  constructed 
or  improved  on  county  lines.  In  case  two  counties  desire  to  secure 
the  construction  or  improvement  of  a  public  highway  situated  upon  or 
near  the  boundary  line  between  them,  the  respective  county  boards 
thereof  may,  by  appropriate  resolutions,  initiate  proceedings  therefor. 
To  this  end  such  county  boards  may,  by  concurring  resolutions,  fix  the 
portion  of  the  one-half  the  total  cost  of  construction  which  .should  be 
borne  by  each  county.  Such  resolutions  when  duly  transmitted  to  the 
State  Highway  Commission  shall  be  considered  in  such  cases  as  the 
preliminary  application  therefor,  as  hereinbefore  provided.  If  ap- 
proved by  the  State  Highway  Commission,  each  county  board  may 
appropriate  the  portion  of  the  cost  to  be  borne  by  such  county,  or 
authorize  the  submission  of  the  question  of  issuing  bonds  as  hereinbe- 
fore provided. 

In  all  proceedings  contemplating  the  construction  or  improvement 
of  a  county  line  road  as  provided  in  this  section,  all  acts  of  each 
county  board  relative  thereto,  together  with  the  result  of  any  vote 
upon  the  question  of  levying  a  tax  or  issuing  bonds  as  provided  herein, 
shall  be  communicated  by  the  county  clerk  of  each  county  to  the 
county  clerk  of  the  other  county,  as  well  as  £o  the  State  Highway 
Commission. 

In  case  either  county  shall  refuse  to  take  the  steps  necessary  to 
secure  the  construction  or  improvement  of  such  county  line  road,  as 
provided  in  this  section,  then  all  prior  proceedings  relative  thereto  on 
the  part. of  the  other  county  shall  be  regarded  as  suspended. 

§  32.  REPAIR  AND  MAINTENANCE  OF  STATE  AID  ROADS.]  Whenever 
any  State  aid  road  shall  be  constructed  or  improved  in  any  county 
under  the  provisions  of  this  Act,  the  State  Highway  Commission, 
either  directly  or  through  the  State  Highway  Engineer,  the  Assistant 
State  Highway  Engineer  or  the  county  superintendent  of  highways, 
shall  thereafter  keep  all  such  roads  in  proper  repair,  anchthe  total  cost 
of  such  maintenance  sjiall  be  paid  out  of  the  State  road  and  bridge 
funds  upon  the  warran!  of  the  Auditor,  whenever  such  payment  shall 
be  ordered  by  the1  State  Highway  Commission.  For  the  purpose  of 
keeping  such  roads  in  proper  repair,  the  State  Highway  Commission 
shall  have  authority  to  purchase  all  necessary  tools,  machinery,  sup- 
plies and  materials,  and  may  employ,  or  authorize  the  State  Highway 
Engineer  to  employ,  all  labor  necessary  therefor. 

(A)  For  the  purpose  of  improving,  repairing  and  maintaining 
the  proposed  system  of  State  aid  roads  in  the  respective  counties 
under  the  provisions  of  this  Act,  and  for  the  purpose  of  assisting  the 
townships  and  road  districts  in  improving,  repairing  and  maintaining 
township  and  district  roads,  the  board  of  supervisors  or  county  com- 
missioners in  the  respective  counties  are  hereby  authorized  to  pur- 
chase machinery  and  appropriate  the  necessary  funds  for  carrying 
on  such  work  and  such  boards  of  supervisors  or  county  commissioners 
are  further  authorized  .to  lease  said  machinery  to  the  townships  or 
road  districts  within  the  respective  counties  for  the  work  of 
improving,  repairing,  and  maintaining  the  roads  in  their  respective 


19 

townships  and  road  districts.     [Amended  by  an  Act  approved  June 
29,  1915. 

§  33.  PUBLIC  UTILITIES.]  No  steam  or  electric  railroad  company, 
telephone  or  telegraph  company,  or  company  laying  or  using  pipe 
lines,  shall  have  the  right  to  locate  or  construct  its  road  or  place  its 
poles  or  wires,  or  lay  its  pipe  lines  upon  or  along  any  State  aid  road, 
without  the  consent  of  the  county  board  of  the  county  wherein  it  is 
proposed  to  place  or  locate  the  same.  Such  consent  may  be  granted 
for  any  period  not  longer  than  twenty  years  upon  petition  of  the 
company,  upon  such  terms  and  conditions,  not  inconsistent  with  this 
Act,  as  such  county  board  shall  deem  for  the  best  interests  of  the 
public:  Provided,  that  before  any  such  consent  of  the  county  board 
shall  become  effective  the  said  county  board  shall  receive  the  approval 
of  the  State  Highway  Commission  to  the  use  of  the  said  State  aid  road 
for  such  purpose  and  the  conditions  upon  which  the  same  shall  have 
been  granted:  And,  provided,  further,  that  no  such  consent  shall  be 
granted  except  upon  the  condition  that  the  company  will  pay  all  dam- 
ages to  the  owners  of  the  property  abutting  upon  said  State  aid  road 
which  they  may  sustain  by  reason  of  the  location  or  construction  of  the 
said  steam  or  electric  railroad  or  the  placing  of  the  said  telephone  or 
telegraph  poles  or  wires,  or  the  laying  of  the  said  pipe  lines,  the  same 
to  be  ascertained  and  paid  in  the  manner  provided  by  law  for  the 
exercise  of  the  right  of  eminent  domain. 

ARTICLE  V. 

BRIDGES  AND  IMPROVEMENTS  CONSTRUCTED  AND  REPAIRED  BY  A  COUNTY 

OR  AT  THE  JOINT  EXPENSE  OF  A  COUNTY  AND  ANY 

TOWN  OR  ROAD  DISTRICT  THEREIN. 

§  34.  In  case  the  county  board  shall  deem  it  expedient  to  build 
a  bridge  in  any  town,  road  district,  or  city  or  village  of  less  than 
fifteen  thousand  (15,000)  population  therein,  the  said  county  board 
may  order  the  same  built  at  the  entire  expense  of  such  .county.  Such 
bridge  shall  in  such  case  be  constructed  according  to  plans  and  speci- 
fications prepared  by  the  county  superintendent  of  highways,  subject 
to  the  approval  of  the  State  Highway  Engineer.  [Amended  by  Act 
approved  June  24,  1915. 

§  35.  When  it  is  necessary  to  construct  or  repair  any  bridges  over 
a  stream,  or  any  approach  or  approaches  thereto,  by  means  of  an  em- 
bankment or  trestle  work  on  a  public  road,  in  any  town,  district  or  city 
or  village  of  less  than  fifteen  (15,000)  thousand  population  or  on  or 
near  to  or  across  a  town,  district  or  such  city  or  village  line,  in  which 
work  the  town,  district  or  such  city  or  village  is  wholly  or  in  part 
responsible,  and  the  cost  of  which  will  be  more  than  twelve  cents  on 
the  one  hundred  dollars  on  the  latest  assessment  roll,  and  the  levy  of 
the  road  and  bridge  tax  for  two  (2)  years  last  past  in  said  town  or 
district  was  in  each  year  for  the  full  amount  allowed  by  law  to  be 
raised  therein  for  all  roads  and  bridge  purposes  except  for  damages 
incurred  in  laying  out,  altering,  widening  or  vacating  roads,  or  for 
ditching  to  drain  roads,  the  major  part  of  which  levy  is  needed  for 


20 

the  ordinary  repair  of  the;  roads  and  bridges,  or  in  such  cities  and 
villages  where  the  levy  for  corporate  purposes  was  for  two  years  last 
past  in  said  city  or  village  for  the  full  amount  allowed  by  law  to  be 
raised  therein  for  such  corporate  purposes,  the  commissioner  of  high- 
ways, the  city  council  or  the  village  board  of  trustees  may  petition  the 
county  board  for  aid,  and  if  the  foregoing  facts  shall  appear,  the 
county  board  shall  appropriate  from  the  county  treasury  a  sufficient 
sum  to  meet  one-half  (-J)  of  the  expenses  of  said  bridge  or  other  work, 
on  condition  the  town  or  district,  city  or  village  asking  aid  shall  furnish 
the  other  half  of  the  required  amount. 

When  it  is  determined  by  the  county  board  to  grant  the  prayer  of 
the  highway  commissioners,  city  council  or  village  board  of  trustees 
asking  aid  for  the  construction  of  such  bridge  or  other  expensive  work, 
the  county  board  shall  thereupon  enter  an  order  directing  the  county 
superintendent  of  highways  to  prepare  plans  and  specifications  for 
such  improvement.  The  contract  for  such  improvement  shall  there-, 
upon  be  let  in  the  manner  authorized  by  said  county  board,  subject  to 
the  provisions  of  the  law  relating  to  the  letting  of  contracts :  Provided, 
however,  that  no  county,  town,  road  district, '  city'  or  village  shall  be 
liable  for  any  part  of  such  expense  or  compelled  to  pay  any  part  of  its 
appropriation  for  such  purpose  until  all  of  the  work  has  been  fully 
completed  and  accepted  by  the  county  superintendent  of  highways,  and 
such  acceptance  properly  certified  to  by  said  officer  and  presented  to 
the  county  board  at  a  meeting  held  after  the  completion  of  said  work, 
which  certificate  shall  contain  an  itemized  account  of  the  expenditures ; 
and  a  copy  thereof  shall  also  be  filed  with  the  town,  district,  city  or 
village  clerk,  as  the  case  may  be.  [Amended  by  Act  approved  June 
11,  1917. 

§  36.  BRIDGES  BUILT  BY  TWO  COUNTIES.]  Bridges  over  streams 
which  divide  counties,  and  bridges  on  roads  on  county  Imes,  and  bridges 
within  eighty  rods  o£  county  lines,  shall  be  built  and  repaired  at  the 
expense  of  such  counties.  And  all  such  bridges  over  streams  which 
form  the  boundary  line  between  two  counties,  and  all  such  bridges 
within  eighty  rods  of  such  boundary  line,  .when  the  cost  of  constructing 
the  same  shall  be  $5,000  or  over,  shall  be  built  by  such  counties 
respectively  in  the  proportion 'that  the  taxable  property  in  each  county 
respectively  bears  to  each  other  according  to  its  assessed  value  as 
equalized  at  the  time  of  constructing  such  bridge.  And  when  any 
county  desires  to  build  any  such  bridge  across  any  stream  which  is  the 
boundary  line  between  such  county  and  another  county,  or  desires  to 
build  any  such  bridge  within  eighty  rods  of  such  boundary  line,  and 
the  cost  of  such  bridge  will  equal  or  exceed  $5,000,  and  the  county 
desiring  to  construct  such  bridge  has  appropriated  its  share  of  the  cost 
of  constructing  the  same,  then  it  shall  be  the  duty  of  such  other  county 
to  make  an  appropriation  for  its  proportion  of  the  cost  of  said  bridge 
on  the  basis  of  the  assessed  value  of  the  property,  real  and  personal, 
of  each  of  said  counties  according  to  the  last  preceding  assessment 
thereof  as  equalized,  and  if  such  other  county  fails  or  refuses  to  make 
an  appropriation  for  its  proper  proportion  of  the  cost  of  constructing 


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such  bridge,  any  court  of  competent  jurisdiction  shall  issue  an  order 
to  compel  such  county  to  make  such  appropriation  upon  a  proper 
petition  for  that  purpose,  and  the  cost  and  expense  of  maintaining  and 
keeping  the  same  in  repair  after  the  same  is  built  and  constructed  shall 
be  borne  in  the  proportion  of  the  assessed  value  of  the  property  in  each 
of  said  counties  according  to  the  latest  equalized  assessment  thereof: 
Provided,  that  for  the  building  and  maintaining  of  bridges  over  streams 
near  county  lines  in  which  both  are  interested  and  where  the  cost 
thereof  is  less  than  $5,000,  the  expense  of  building  and  maintaining 
any  such  bridge  shall  be  borne  by  both  counties  in  such  portion  as  shall 
be  just  and  equitable  between  the  counties,  taking  into  consideration 
the  taxable  property  in  each,  the  location  of  the  bridge,  and  the  advan- 
tage of  each,  to  be  determined  by  the  commissioner  in  making  contracts 
for  the  same,  as  provided  for  in  section  37  of  this  Act. 

§  37.  CONTRACTS  BY  COMMISSIONERS  OF  ADJOINING  COUNTIES.] 
For  the  purpose  of  building  or  keeping  in  repair  such  bridge  or  bridges, 
it  shall  be  lawful  for  the  county  boards  of  such  adjoining  counties,  to- 
enter  into  joint  contracts,  and  such  contracts  may  be  enforced  in  law 
or  equity  against  such  county  boards,  and  such  county  boards  may  be 
proceeded  against  jointly,  by  any  parties  interested  in  such  bridge  or 
bridges,  for  any  neglect  of  duty  in  reference  to  such  bridge  or  bridges, 
for  any  damage  growing  out  of  such  neglect. 

§  38.  APPROACHES  TO  BRIDGES  ON  OR  NEAR  COUNTY  LINES.]  Ap- 
proaches to  all  bridges  built  and  constructed  under  and  by  virtue  of 
the  three  preceding  sections,  shall  be  built,  constructed  and  maintained 
by  the  respective  counties  within  which  such  approach  or  approaches 
may  be  located,  and  all  approaches  to  any  and  all  such  bridges  as  have 
heretofore  been  built  and  constructed. 

§  39.  SUIT  ON  JOINT  CONTRACT.]  If  the  county  board  of  any  such 
county,  after  reasonable  notice  in  writing  from  such  other  county 
board  shall  neglect  or  refuse  to  build  or  repair  any  such  bridge  when 
any  contract  or  agreement  has  been  made  in  regard  to  the  same,  it 
shall  be  lawful  for  the  county  board  so  giving  notice  to  build  or  repair 
the  same,  to  recover,  by  suit,  one-half  (or  such  amount  as  shall  have 
been  agreed  upon)  of  the  expense  of  so  building  or  repairing  such 
bridge,  with  costs  of  suit  and  interes.t  from  the  time  of  the  completion 
thereof,  from  the  county  board  so  neglecting  or  refusing. 

ARTICLE    VI. 

TOWN  AND  DISTRICT  ORGANIZATION  AND  ADMINISTRATION  FOR  HIGH- 
WAY PURPOSES. 

SUBDIVISION  I. 
Organisation:    Division  Into  Towns  and  Districts. 

§  40.    TOWN    AND   DISTRICT    ORGANIZATION    SIMILAR.]     For    all    pUr- 

poses  relating  to  the  construction,  repair,  maintenance  and  supervision 
of  roads  and  bridges,  the  several  towns  in  counties  under  township 
organization,  and  road  districts  in  counties  not  under  township  organi- 
zation, shall,  as  near  as  may  be,  and  subject  to  the  provisions  of  this 
Act,  be  regarded  as  analogous  in  corporate  authority,  and  the  powers 


and  duties  of  the  highway  officers  thereof  shall  be  similar  in  extent 
and  effect. 

§  41.  COUNTIES  NOT  UNDER  TOWNSHIP  ORGANIZATION — DIVISION 
INTO  DISTRICTS.]  Counties  not  under  township  organization  shall  be 
divided  into  road  districts  by  the  county  boards  thereof,  in  the 
manner  hereinafter  set  forth.  All  road  districts,  where  it  is  practicable, 
shall  be  composed  of  territory  not  less  than  a  congressional  township. 
Fractional  or  whole  townships  may  be  added  to  other  fractional  or 
whole  townships.  The  districts  so  formed  shall  be  designated  by  some 
number. 

(1)  COUNTIES  ALREADY  DIVIDED  INTO  DISTRICTS.]   In  counties  not 
under  township  organization,  wherein  road  districts  are  already  now 
laid  out  and  established  under  the  provisions  of  an  Act  approved  May 
4,  1887,  in  force  July  1,  1887,  entitled,  "An  Act  to  provide  for  the 
organization  of  road  districts,  the  election  and  duties  of  officers  therein, 
and  in  regard  to  roads  and  bridges,  in  counties  not  under  township 
organization,  and  to  repeal  an  Act  and  parts  of  Acts  therein  named," 
the  road  districts  already  laid  out  therein  by  the  county  boards  thereof 
shall  be  continued  in  existence,  unless  the  same  shall  be  altered  in  the 
manner  hereinafter  set  forth :    Provided,  however,  that  all  incorporated 
cities,  towns  and  villages  which  have  heretofore  been  excluded  from 
road  districts  in  such  counties  shall  hereafter  be  included  therein,  and 
in  all  cases  where  necessary  therefor,  the  county  boards  of  such  coun- 
ties shall  make  provision  to  create  such  city,  town  or  village  into  a 
road  district,  or  to  make  it  a  part  of  some  road  district  already  formed. 

(2)  COUNTIES  NOT  ALREADY  so  DIVIDED.]   In  all  counties  not  under 
township  organization,  and  operating  under  the  provisions  of  an  Act 
approved  May  10,   1901,  entitled,  "An  Act  in  regard  to  roads  and 
bridges,  and  to  provide  for  the  adoption  of  the  same,"  and  wherein 
road  districts  are  not  already  laid  out  and  established,  it  shall  be  the 
duty  of  the  county  boards  thereof,  at  their  first  session  after  this  Act 
shall  be  in  force  and  effect,  to  divide  such  counties  intd  road  districts, 
as  provided  herein. 

(3)  CORPORATE  NAME  OF  DISTRICT.]   The  corporate  name  of  each 
district  shall  be  "Road  District  No. . . . . . ,"  and  all  actions  by  or  against 

such  districts  shall  be  in  its  corporate  name. 

(4)  CORPORATE  CAPACITY  OF  DISTRICT.]   Every  district  so  organ- 
ized  shall  have  .corporate 'capacity  to   exercise   the   powers   granted 
thereto,  or  necessarily  implied  and  no  others.     It  shall  have  power: 
(1)  To  sue  and  be  sued.     (2)   To  acquire  by  purchase,  gift  or  devise, 
and  to  hold  property,  both  real  and  personal,  for  the  use  of  its  inhabi- 
tants, and  again  to  sell  and  convey  the  same.   (3)   To  make  all  such 
contracts  as  may  be  necessary  in  the  exercise  of  the  powers  of  the 
district. 

(5)  ALTERATION  OF  BOUNDARIES  OF  ROAD  DISTRICTS.]  The  board 
of  county  commissioners  of  each  county  shall  have  full  and  complete 
power  and  jurisdiction  to  alter  the  boundaries  of  road  districts  and  to 
chaage  road  district  lines  in  their  respective  counties  to  suit  the  con- 
venience to  the  inhabitants  residing  therein,  but  no  such  change  shall 
be  made  under  the  provisions  of  this  Act  unless  at  least  twenty  of  the 


legal  voters  of  such  road  district  shall  petition  for  such  alteration  or 
change ;  nor  shall  such  alteration  or  change  be  made  by  such  board  of 
county  commissioners  without  notice  thereof  having  been  given  by 
posting  up  notices  in  not  less  than  five  of  the  most  public  places  in  each 
of  the  several  towns  or  road  districts  interested  in  such  proposed  alter- 
ations or  changes. 

SUBDIVISION  II. 
Highway  Officers:     Their  Election,  Powers,  Duties  and  Compensation. 

§42.    TOWN    AND   DISTRICT   ROAD    OFFICERS (A)     COMMISSIONERS.] 

In  each  township  in  counties  under  township  organization,  and  in 
each  road  district  in  counties  not  under  township  organization,  there 
shall  be  elected  a  highway  commissioner  who  shall  serve  for  a  term  of 
two  (2)  years  and  until  his  successor  is  duly  elected  and  qualified, 
and  who  shall  be  elected  in  the  manner  hereinafter  provided. 

(B)  CLERK.]   In  counties  under  township  organization  the  town 
clerk  shall  act  as  the  clerk  for  the  highway  commissioner  in   such 
town.     In  counties  not  under  township  organization  there  shall  be 
elected  in  each  road  district,  a  district  clerk  who  shall  hold  office  for 
a  term  of  two  (2)  years  and  until  his  successor  is  elected  and  qualified. 

(C)  TREASURER.]   In  counties  under   township    organization   the 
supervisor  of  each  town  shall  be  ex-officio  treasurer  of  the  road  and 
bridge  fund.    In  counties  not  under  township  organization  the  district 
clerk  shall  be  ex-officio  treasurer  of  such  fund. 

(D)  WHO  ELIGIBLE.]   No  person  shall  be  eligible  to  the  office  of 
highway  commissioner  unless  he  shall  be  a  legal  voter  and  has  been 
one  year  a  resident  of  such  town  or  district.     In  counties  not  under 
township  organization  the  same  limitation  shall  apply  to  the  district 
clerk.     [Amended  by  Act  filed  June  29,  1917. 

§43.  ELECTIONS  —  PROVISIONS  GENERALLY  APPLICABLE.]  In  all 
counties  under  township  organization  the  highway  commissioner  shall 
be  elected  at  the  annual  town  meeting  following  the  passage  of  this 
Act,  for  a  term  of  two  (2)  years.  In  all  counties  not  under  township 
organization,  the  highway  commissioner  and  the  district  clerk  shall 
be  elected  at  an  election  to  be  held  on  the  first  Tuesday  in  April  after 
the  passage  of  this  Act,  to  hold  their  offices  for  two  (2)  years.  And 
every  two  years  thereafter  the  highway  commissioner  of  such  town- 
ship or  district,  and  the  district  clerk  of  such  district  shall  be  elected 
to  hold  office  for  two  years,  and  until  his  successor  is  elected  and 
qualified.  The  official  term  of  any  highway  commissioner  elected 
under  the  provisions  of  sub-division  2  of  Article  VI  of  this  Act,  pro- 
viding for  the  election  of  three  township  highway  commissioners  or 
holding  office  at  the  time  of  the  adoption  of  this  Act  shall  expire  upon 
the  qualification  of  the  Highway  Commissioner  or  elected  at  said  next 
ensuing4  town  meeting  or  road  district  election :  Provided,  that  the 
commissioners  elected  under  Article  IX  of  this  Act,  as  single  highway 
commissioners  shall  hold  their  respective  offices  to  the  end  of  the 
term  for  which  they  were  elected  and  until  their  successors  are  elected 
and  qualified.  [Amended  by  Act  filed  June  27,  1917]. 

§  44.  SAME — COUNTIES  OPERATING  UNDER  SPECIAL  ACT — PROVI- 
SIONS APPLICABLE  TO  FIRST  ELECTION.]  In  counties  not  under  township 


24 

organization  which  are  operating  under  the  optional  act  entitled,  "An 
Act  in  regard  to  roads  and  bridges  in  counties  not  under  township 
organization  and  to  provide  for  the  adoption  of  the  same,"  approved 
May  10,  1901,  and  which  counties  therefore  are  not  already  divided 
into  road  districts  as  aforesaid,  the  county  board  of  each  said  counties 
shall  at  least  twenty  (20)  days  before  the  first  Tuesday  in  April  next 
after  this  Act  shall  become  effective,  designate  some  central  and  con- 
venient place  in  each  district  for  the  holding  of  the  first  district  elec- 
tion, and  shall  also  appoint  three  suitable  electors  of  the  district  as 
judges  of  the  election. 

The  county  clerk  shall  thereupon  make  out  notices  stating  the  time 
(which  shall  be  the  first  Tuesday  in  April  thereafter)  and  place  of 
holding  the  first  district  election  and  the  names  of  the  judges  of  the 
election  so  appointed,  and  deliver  said  notices  to  the  sheriff  of  the 
county  who  shall  cause  the  same  to  be  posted  in  not  less  than  three  (3) 
of  the  most  public  places  of  the  district,  and  not  less  than  fifteen  (15) 
days  before  the  time  of  holding  such  election. 

At  such  first  election  there  shall  be  elected  one  commissioner  of 
highways  to  hold  his  office  for  two  (2)  years, and  until  his  successor 
is  elected  and  qualified.  At  such  first  election  there  shall  also  be 
elected  a  road  district  clerk  who  shall  hold  his  office  for  two  (2)  years 
and  until  his  successor  is  elected  and  qualified.  After  the  canvass  of 
the  votes  the  judges  shall  make  returns  as  provided  in  the  general  elec- 
tion laws  of  this  State,  to  the  county  clerk,  who  shall  make  a  canvass 
of  the  votes  and  immediately  notify  the  persons  elected  of  their  elec- 
tion. The  expenses  of  such  first  election  shall  be  paid  by  the  county. 
[Amended  by  act  filed  June  29,  1917. 

§  45.  ELECTIONS — COUNTIES  NOT  UNDER  TOWNSHIP  ORGANIZATION 

— PROVISIONS    RELATING    TO    THE    CONDUCT    THEREOF.]     In    all    COUntieS 

not  under  township  organization  the  -  following  provisions  regarding 
elections  shall  be  applicable. 

The  annual  election  of  district  officers  shall  be  held  on  the  first 
Tuesday  in  April  of  eacIT  year  at  the  place  designated  by  the  commis- 
sioner of  highways. 

The  commisisoner  of  highways  and  two  other  persons  to  be  named 
by  the  county  board  shall  be  judges  and  the  clerk  of,  the  district  shall 
be  ex-officio  clerk  of  all  district  elections,  but  before  entering  upon  the 
discharge  of  their  duties  they  shall  take  the  oath  of  office  prescribed 
by  the  general  election  laws  of  the  State.  In  the  absence  of  any  of 
the  above  named  officers,  the  vacancy  shall  be  filled  by  appointment 
by  the  commissioner,  if  present,  and  if  the  commissioner  be  not  pres- 
ent, the  electors  present  shall  appoint  such  judge  or  judges. 

Notice  of  the  time  and  place  of  holding  any  annual  or  special 
election  shall  be  given  by  the  district  clerk,  or  in  his  absence  by  the 
commissioner,  by  posting  written  or  printed  notices,  in  at  least  three 
(3)  of  the  most  public  places  in  the  district,  at  least  fifteen  (15)  days 
prior  to  such  election.  The  district  election  shall  be  conducted  in  the 
same  manner  and  subject  to  the  same  laws  and  regulations  as  pre- 
scribed for  general  elections;  provided  that  no  registration  of  voters 
shall  be  required. 


25 

All  persons  possessing  the  qualifications  of  voters  who  reside 
within  the  boundaries  prescribed  for  such  district,  shall  be  entitled 
to  vote  at  such  election. 

The  judges  shall  immediately,  upon  closing  the  polls,  make  a  can- 
vass of  the  votes  polled  in  the  manner  provided  by  the  general  election 
laws  of  the  State,  and  make  a  written  statement  or  certificate  of  the 
number  of  votes  cast  at  such  election  for  each  person  or  proposition 
voted  for,  and  the  office  for  which  such  person  received  such  vote, 
and  shall  within  forty-eight  hours  thereafter,  cause  such  certificate  and 
poll  list  together  with  the  ballots  cast  at  such  election,  to  be  separately 
sealed  up  and  transmitted  to  the  district  clerk  to  be  filed  and  preserved 
by  him. 

The  commissioner  of  highways,  together  with  some  justice  of  the 
peace  to  be  designated  by  him,  and  the  district  clerk,  shall,  within  five 
(5)  days  after  any  election  is  held,  meet  and  canvass  said  returns  and 
declare  the  result  of  said  election,  the  canvass  being  completed  a  state- 
ment of  the  results  shall  be  entered  at  large  by  the  clerk  of  the  election 
in  the  minutes  of  the  proceedings  to  be  kept  by  him  as  required  by 
this  Act,  which  shall  be  publicly  read  by  him  to  the  electors  present, 
and  such  reading  shall  be  deemed  notice  of  the  result  of  the  election 
to  every  person  whose  name  shall  be  entered  on  the  poll  list  as  a  voter. 

In  case  two  or  more  persons  shall  have  an  equal  number  of  votes 
for  the  same  office,  the  question  of  which  shall  be  entitled  to  the  office 
shall  be  decided  by  lot,  under  direction  of  the  district  clerk,  but  he 
shall  give  each  party  at  least  five  (5)  days'  notice  of  the  time  and  place 
of  drawing  lots. 

The  clerk,  within  ten  (10)  days  after  the  canvass  of  the  votes  as 
hereinbefore  provided  in  this  section,  shall  transmit  to  each  person 
elected  to  any  district  office,  a  notice  of  his  election.  He  shall  also  file 
in  the  office  of  the  county  clerk  a  list  of  the  names  of  all  district  offi- 
cers elected  at  such  election  who  have  qualified,  within  twenty  (20) 
days  after  such  election  shall  be  held.  [Amended  by  act  filed  June 
29,  1917. 

§  46.  OATH  REQUIRED.]  Every  person  elected  or  appointed  to  the 
office  of  commissioner  of  highways,  and  every  district  clerk  in  coun- 
ties not  under  township  organization,  before  he  enters  upon  the 
duties  of  his  office,  and  within  ten  days  after  he  shall  be  notified  of 
his  election  or  appointment,  shall  take  and  subscribe,  before  some 
justice  of  the  peace  or  district  or  town  clerk,  the  oath  or  affirmation 
of  office  prescribed  by  the  Constitution,  which  oath  shall,  within  five 
days  thereafter,  be  filed  with  the  district  or  town  clerk. 

In  counties  under  township  organization,  no  additional  oath  shall 
be  required  of  the  town  clerk,  to  enable  him  to  enter  upon  the  dis- 
charge of  the  duties  of  his  office  as  ex-officio  clerk  of  the  board  of 
highway  commissioners. 

NEGLECT  TO  TAKE  OATH — REFUSAL  TO  SERVE.]  If  any  person  elected 
or  appointed  to  either  of  the  offices  above  enumerated,  shall  neglect 
to  take  and  subscribe  such  oath,  and  cause  the  same  to  be  filed  as  above 
required,  such  neglect  shall  be  deemed  a  refusal  to  serve. 

§  47.  WHEN  TERM  OF  COMMISSIONER  OR  CLERK  EXPIRES,  SUCCESSOR 
TO  DEMAND  BOOKS,  PAPERS,  ETC.]  When  the  term  of  any  commissioner 


26 

of  highways  or  clerk  shall  expire,  and  other  persons  shall  be  appointed 
to  such  office,  it  shall  be  the  duty  of  such  successor,  immediately  after 
he  shall  have  entered  upon  the  duties  of  his  office,  to  demand  of  his 
predecessor  all  ttie  books,  papers,  moneys  and  other  property  under  his 
control,  belonging  to  such  office. 

WHEN  OFFICE  BECOMES  VACANT  BY  RESIGNATION  OR  OTHERWISE — 
DEMAND,  ETC.]  Whenever  either  of  the  officers  above  named  shall 
resign,  or  the  office  become  vacant  in  any  way,  and  another  person 
shall  be  elected  or  appointed  in  his  stead,  the  person  so  elected  or 
appointed  shall  make  such  demand  of  his  predecessor,  or  of  any 
person  having  charge  of  such  books,  papers,  moneys  or  other  property. 

DELIVERING  UPON  OATH  ALL  RECORDS,  BOOKS,  ETC. — OATH,  BY 
WHOM  ADMINISTERED.]  It  shall  be  the  duty  of  every  person  so  going 
out  of  office,  whenever  thereto  required  pursuant  to  the  foregoing 
provisions,  to  deliver  up  on  oath,  all  the  records,  books,  papers,  moneys 
and  other  property  in  his  possession  or  in  his  control  belonging  to  the 
office  held  by  him ;  which  oath  may  be  administered  by  the  officer  to , 
whom  such  delivery  shall  be  made. 

§  48.  VACANCIES  IN  OFFICE — COUNTIES  UNDER  TOWNSHIP  ORGANI- 
ZATION.] In  counties  under  township  organization  the  provisions  of 
law  applicable  to  resignations  from  town  offices,  and  the  filling  of 
vacancies  therein,  shall  apply  to  highway  officers  in  the  same  manner 
as  to  other  town  officers. 

§  49.  SAME — COUNTIES  NOT  UNDER  TOWNSHIP  ORGANIZATION.]  In 
countie§  not  under  township  organization  the  following  provisions 
shall  be  applicable  relating  to  vacancies  in  road  district  offices : 

VACANCY  IN  OFFICE — HOW  FILLED — POWERS  OF  PERSONS  AP- 
POINTED.] Whenever  any  district  shall  fail  to  elect  the  proper  number 
of  district  officers  to  which  such  district  may  be  entitled  by  law,  or 
when  any  person  elected  to  any  district  office  shall  fail  to  qualify,  or 
whenever  any  vacancy  shall  happen  in  any  district,  from  death,  resigna- 
tion, removal  from  the  district  or  othercause,  it  shall  be  the  duty  of  the 
county  board  to  fill  such,  vacancy  by  certificate  under  the  hand  and 
seal  of  the  county  clerk;  and  the  persons  so  appointed  shall  hold 
their  respective  offices  until  the  next  annual  election,  and  until  their 
successors  are  elected  and  qualified;  and  shall  have  the  same  powers 
and  be  subject  to  the  same  duties  and  penalties  as  if  they  had  been 
duly  elected  by  the  electors. 

CERTIFICATE  OF  APPOINTMENT.]  When  any  appointment  shall  be 
made,  as  aforesaid,  the  county  clerk  shall  cause  the  certificate  of 
appointment  to  be  forthwith  filed  in  the  office  of  the  distirct  clerk, 
who  shall  immediately  give  notice  to  each  person  appointed. 

JUSTICE  OF  PEACE  MAY  ACCEPT  RESIGNATION  OF  OFFICER — NOTICE.] 
Any  justice  of  the  peace  residing  in  such  district,  or  if  there  be  no 
justice  residing  in  such  district,  then  any  justice  in  the  county,  may, 
for  sufficient  cause  shown  to  him,  accept  the  resignation  of  any  district 
officer  of  his  district,  and  whenever  he  shall  accept  any  such  resigna- 
tion, he  shall  forthwith  give  notice  thereof  to  the  district  clerk  of  the 
district,  or  in  his  absence,  to  the  president  of  the  board  of  commis- 
sioners of  highways,  who  shall  make  a  minute  thereof  upon  the  district 


31V 
I 

records.  He  shall  also  immediately  give  notice  to  the  county  clerk  of 
any  vacancy  that  may  exist  in  any  district  office. 

§  50.  MEETINGS,  POWERS  AND  DUTIES  OF  HIGHWAY  COMMISSIONERS 
—  (A)  MEETINGS.]  The  commissioner  of  highways  in  each  town  or 
road  district  shall  on  the  second  Tuesday  next  after  the  annual  town 
meeting  or  road  district  election  in  each  year,  at  the  office  of  the  town 
or  district  clerk,  be  present  for  the  discharge  of  the  duties  of  his  office. 
He  shall  also  be  present  at  such  office  annually  on  the  first  Tuesday  in 
September  of  each  year  for  the  purpose  of  determining  the  tax  rate 
to  be  certified  by  him  to  the  county  board  as  herein  provided.  He  shall 
also  be  present  at  such  office  at  such  time  or  times  as  he  shall  designate 
and  as  the  duties  of  his  office  may  require  for  the  transaction  of  offi- 
cial business. 

(B)  The  highway  commissioner  of  each  town  or  road  district 
shall  have  power  and  it  shall  be  his  duty : 

(1)  To    lay   out,    alter,    widen   or   vacate    roads    as   hereinafter 
provided. 

(2)  To  cause  such  roads  used  as  highways,  as  have  been  laid  out 
or  dedicated  to  public  use,  but  not  sufficiently  described,  and  such  as 
have  been  used  for  twenty  (20)  years  but  not  recorded,  to  be  ascer- 
tained, described  and  entered  of  record  in  the  office  of  the  district  or 
town  clerk. 

(3)  To  determine  the  taxes  necessary  to  be  levied  on  property 
within  the  town  or  district  for  road  and  bridge  purposes,  subject  to  the 
limitations  hereinafter  provided. 

(4)  To  direct  the  expenditure  of  all  moneys  collected  in  the  town 
or  road  district  for  road  and  bridge  purposes  and  to  draw  warrants 
on  the  town  or  district  treasurer  therefor. 

(5)  To  direct  the  construction  and  repair  of  roads  and  bridges 
within  the  town  or  district,  to  let  contracts,  employ  labor  and  purchase 
material  and  machinery  therefor,  subject  to  the  limitations  herein  pro- 
vided :    Provided,  however,  that  no  contract  shall  be  let  for  the  con- 
struction or  repair  or  any  road  or  bridge  or  part  thereof,  in  excess  of 
an  amount  of  $200,  nor  shall  any  machinery  or  other  appliances  to  be 
used  in  road  construction,  in  excess  of  such  amount,  be  purchased 
without  the  approval  of  the  county  superintendent  of  highways. 

(6)  To   have  general   charge  of  the   roads   and  bridges   of   his 
town  or  district,  to  keep  the  same  in  repair  and  to  improve  them  so 
far  as  practicable. 

(7)  To  take  possession  of  and  keep  under  shelter,  when  not  in 
use,  all  scrapers,  plows  and  other  tools  belonging  to  the  town  or  dis- 
trict wherever  the  same  may  be  found  and  not  allow  the  same  to  go  to 
waste,  and  not  lend  the  same  except  to  persons  employed  to  work  the 
roads  by  contract  or  otherwise. 

(8)  To  cause  to  be  erected  and  kept  in  repair  at  the  forks  or 
crossing  place  of  the  most  important  public  roads,   post  and  guide 
boards  with  plain  inscription  thereon,  in  letters   and   figures  giving 
directions  and  distances  to  the  most  noted  places  to  which  such  road 
may  lead ;  to  prevent  thistles,  burdock,  cockleburs,  mustard,  yellow 
dock,  Indian  mallow  and  gympson  [jimson]  weed  from  seeding  and  to 


28 

extirpate  the  same  so  far  as  practicable ;  and  to  prevent  all  rank  growth 
of  vegetation  in  the  public  highway  by  causing  the  same  to  be  cut  and 
destroyed  prior  to  the  seeding  of  same,  and  at  the  farthest  prior  to 
September  1st  in  each  and  every  year. 

And  said  commissioner  may,  at  his  discretion,  adopt  any  suitable 
and  convenient  mode  of  supplying  water  in  troughs  conveniently  sit- 
uated on'  the  public  highway  for  public  use. 

(9)  To  issue  his  warrant  or  order  on  the  treasurer  for  the  pay- 
ment of  all  moneys  paid  out  by  such  treasurer. 

(C)  The  highway  commissioner  shall  annually  make  report  in 
writing,  showing: 

(1)  The  amount  of  poll  tax  assessed,  how  much  paid  and  how 
much  delinquent. 

(2)  The  amount  of  road  and  bridge  money  received  by  him  and 
a  full  and  detailed  statement  as  to  how  and  where  expended  and  the 
balance,  if  any,  unexpended. 

(3)  The  amount  paid  for  damages  in  laying  out,  altering,  widen-- 
ing  or  vacating  roads  and  right-of-way  for  ditches. 

(4)  The  amount  of  liabilities  incurred  and  not  paid;  and  if  such 
liabilities  are  undetermined  they  shall  be  estimated. 

(5)  Any  additional  matter  concerning  the  roads  and  bridges  of 
the  district  he  may  think  expedient  and  proper  to  report. 

In  counties  under  township  organization  such  reports  shall  be 
made  to  the  board  of  town  auditors  at  the  semi-annual  meeting  imme- 
diately ^  preceding  the  annual  town  meeting.  In  counties  not  under 
township  organization  such  reports  shall  be  made  not  later  than  the 
last  Tuesday  in  March  to  the  district  clerk,  who  shall  file  the  same 
in  his  office  and  he  shall  record  such  report  at  large  in  the  records  of 
said  road  district.  [Amended  by  act  filed  June  29,  1917. 

§  51.  DUTIES  OF  CLERK.]  The  town  or  district  clerk  shall  have 
the  custody  of  all  records,  books  and  papers  of  the.  town  or  road 
district,  and  he  shall  duly  file  all  certificates  or  oaths  and  other  papers 
required  by  law  to  be  filedJn  his  office.  He  is  authorized  to  administer 
oaths  and  take  affidavits  in  all  cases  required  by  law  to  be  administered 
by  town  or  district  officers.  The  duties  of  the.  clerk  shall  further 
include : 

(1)  RECORDING  ORDERS- OF  COMMISSIONERS.]  He  shall  record  in 
the  book  of  records  of  his  district,  all  orders  and  directions  of  the 
highway  commissioners  required  by  law  to  be  kept,  and  as  herein- 
after provided  for.  All  records  and  books  required  by  law  to  be  kept 
by  such  clerk  shall  be  deemed  public  records  and  shall  at  all  times  be 
open  to  inspection  without  fee  or  reward.     The  clerk  shall  also  meet 
with  the  highway  commissioners  whenever  requested  at  any  reasonable 
time  to  do  so  by  the  latter  official. 

(2)  BOOKS  AND  STATIONERY  FOR  OFFICE.]   The  district  clerk  shall, 
from  time  to  time  as  may  be  necessary,  procure  the  proper  books  and 
stationery  for  his  office  and  the  cost  thereof  shall  be  paid  out  of  the 
town  or  district  treasury. 

(3)  COPY  OF  PAPERS  AND  TRANSCRIPTS  FROM  RECORDS EVIDENCE.] 

Copies  of  all  papers  duly  filed  in  the  office  of  the  town  or  district  clerk 


and  transcripts  from  the  town  or  district  records  certified  to  by  him 
shall  be  evidence  in  all  courts  in  like  effect  as  if  the  originals  were  pro- 
duced. 

§  52.  TREASURER.]  The  treasurer  of  the  road  and  bridge  fund 
shall  receive  and  have  charge  of  all  moneys  raised  in  the  town  or  dis- 
trict for  the  support  and  maintenance  of  roads  and  bridges  therein, 
and  for  road  damages,  excepting  such  portions  of  the  money  as  here- 
inafter directed  to  be  paid  to  the  authorities  of  incorporated  villages, 
towns  and  cities.  He  shall  hold  such  moneys  at  all  times  subject  to 
the  commissioners  of  highways,  and  shall  pay  them  over  upon  the  order 
of  not  less  than  two  of  them,  and  not  otherwise.  He  shall  keep  an 
account  in  a  book  provided  by  the  commissioners  of  all  moneys 
received,  and  all  moneys  paid  out,  showing  in  detail  to  whom  and  on 
what  account  the  same  is  so  paid. 

(1)  BOND.]   The  supervisor  or  clerk,  as  the  case  may  be,  before 
becoming  entitled  to  act  as  treasurer,  and  within  ten  days  after  his 
election,  shall  execute  a  bond  in  double  the  amount  of  moneys  likely 
to  come  into  his  hands  by  virtue  of  this  Act,  conditioned  that  he  will 
faithfully  discharge  his  duties  as  such  treasurer,  that  he  will  honestly 
and  faithfully  account  for  and  pay  over,  upon  the  proper  orders,  all 
moneys  coming  into  his  hands  as  treasurer,  and  the  balance,  if  any,  to 
his  successor  in  office.    Such  bond  shall  be  payable  to  the  town  or  dis- 
trict, and  shall  be  in  such  sum  as  the  commissioners  of  highways  shall 
determine.     Said  bond  shall  be  approved  by  the  commissioners  of 
highways,  and  shall  be  filed  in  the  office  of  the  county  clerk  with  such 
approval  endorsed  thereon :    Provided,  that  if  from  any  cause  the  com- 
hiissioners  of  highways  shall  deem  the  bond  so  given  insufficient,  they 
may  require  a  new  bond :     And,  provided,  further,  that  the  commis- 
sioners shall  have  the  right  to  fix  any  other  sum  to  be  required  in  any 
new  bond  so  given.    The  commissioners  of  highways  shall  have  power 
to  bring  suit  upon  such  bond  for  any  loss  or  damage  accruing  to  the 
town  or  district  by  reason  of  any  non-performance  of  duty,  or  defalca- 
tion on  the  part  of  the  said  treasurer. 

(2)  ITEMIZED  STATEMENT  OF  RECEIPTS  AND  DISBURSEMENTS.]  The 
treasurer  shall  also  present  annually  on  the  first  Tuesday  in  April  to 
the  highway  commissioners  an  itemized  statement  of  receipts  and  dis- 
bursements which  shall  be  sworn  to. 

§  53.  COMPENSATION  OF  OFFICERS — COMMISSIONERS.]  The  com- 
missioners of  highways  shall  receive  for  each  and  every  day  he  is 
necessarily  employed  in  the  discharge  of  his  duties  a  salary  to  be  fixed 
by  the  county  board  in  counties  not  under  township  organization,  and 
by  the  board  of  town  auditors  in  counties  under  township  organization, 
not  to  exceed  in  counties  of  the  first  class  three  dollars  ($3.00)  per 
day,  in  counties  of  the  second  class  four  dollars  ($4.00)  per  day,  and 
in  counties  of  the  third  class  five  dollars  ($5.00)  per  day,  upon  a 
sworn  statement  to  be  filed  by  such  commissioner  in  the  office  of  the 
town  or  district  clerk,  showing  the  number  of  days  he  was  employed 
and  the  kind  of  employment  and  giving  the  dates  thereof. 

The  town  or  district  clerk  shall  receive  three  dollars  per  day  for 
each  day  he  shall  be  required  to  meet  with  the  highway  commissioner 


80 

and  the  same  amount  per  day  for  the  time  he  shall  be  employed  as 
clerk  of  elections  or  in  canvassing  the  returns  of  such  election.  He 
shall  receive  no  other  per  diem.  In  addition  to  the  above  he  shall 
also  receive  fees  for  the  following  services,  to  be  paid  out  of  the  town 
or  district  fund,  except  where  otherwise  specified: 

For  serving  notice  of  election  or  appointment  upon  district  officers, 
as  required  by  this  Act,  twenty-five  cents  each. 

For  posting  up  notices  required  by  law,  twenty-five  cents  each. 

For  copying  any  record  in  his  office  and  certifying  to  the  same, 
ten  cents  for  every  hundred  words,  to  be  paid  by  the  person  applying 
for  the  same. 

The  ex-offido  treasurer  shall  in  addition  to  the  other  compensation 
to  which  he  is  by  law  entitled,  receives  two  (2)  per  cent  on  all 
moneys  paid  out  by  him,  up  to  and  including  two  thousand  dollars 
($2,000)  and  one  (1)  per  cent  on  all  moneys  paid  out  by  him  in 
excess  of  two  thousand  dollars  ($2,000),  excepting  such  amounts  as 
shall  have  been  paid  to  his  successor;  also  except  all  moneys  paid  out 
in  payment  of  bonds  or  other  borrowed  money. 

The  justice  of  the  peace  whose  services  are  required  by  this  Act 
shall  receive  two  dollars  per  day  for  his  services.  [Amended  by  act 
filed  June  29,  1917. 

§  54.  OFFENSES  AND  PENALTIES.]  If  any  highway  commissioner 
shall  wilfully  refuse  to  perform  any  of  the  duties  enjoined  upon  him 
by  this  Act,  he  shall  forfeit  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  and  may  be  proceeded  against  in  the  name  of  the  town  or 
district  for  the  recovery  of  such  forfeiture  before  any  court  of  the 
proper  county  having  jurisdiction. 

SUBDIVISION  III. 
The  Raising  of  Revenue  for  Highway  Purposes  and  the  Application 

Thereof.  .    t 

§  55.  POLL  TAX.]  At  their  annual  meeting  to  be  held  on  the  second 
Tuesday  after  the  annual  town  meeting  or  district  election  in  each 
year,  each  boa,rd  of  highway  commissioners  shall  make  out  a  list  of 
able-bodied  men  in  their  town  or  district  between  the  ages  of  twenty- 
one  (21)  and  fifty  (50)  years  and  deliver  the  same  to  the  town  or 
district  treasurer  on  or  before  the  first  day  of  May  in  each  year,  and 
assess  at  such  -meeting  against  each  person  upon  such  list  a  sum  of 
not  less  than  one  (1)  nor  more  than  three  (3)  dollars,  as  a  poll  tax 
for  highway  purposes,  to  be  paid  in  cash  to  such  treasurer  by  the  first 
Monday  of  June  of  each  year :  Provided,  that  paupers,  idiots,  lunatics 
and  such  others  as  are  exempt  by  law  shall  not  be  compelled  to  pay  a  poll 
tax  for  highway  purposes.  The  commissioners  shall  also,  within  ten 
(10)  days  after  such  list  is  delivered  to  the  treasurer  of  the  road  and 
bridge  fund,  cause  written  or  printed  notices  to  be  posted,  stating  the 
time  when  and  place  where  such  tax  must  be  paid,  in  ten  of  the  most 
public  places  in  the  township ;  or  road  district  as  the  case  may  be  and 
if  this  poll  tax  shall  not  be  paid  by  the  first  Monday  of  June  in  such 
year  it  shall  be  the  duty  of  the  commissioners  of  highways,  in  the  name 
of  the  district  or  town,  to  bring  suit  therefor  against  such  persons 


31 

before  some  justice  of  the  peace  having  jurisdiction  thereof.  Sum- 
mons shall  be  issued  and  returned  in  the  same  manner  as  provided  by 
law  in  other  cases.  If  judgment  is  rendered  against  defendant  the 
court  shall  find  in  such  judgment  that  the  same  is  for  poll  tax  unpaid, 
and  shall  endorse  the  same  on  the  execution,  if  one  is  issued.  No 
property  belonging  to  the  defendant  shall  be  exempt  from  levy  to 
satisfy  such  execution :  Provided,  also,  that  on  petition  of  not  less 
than  twenty-five  (25)  legal  voters  of  any  town  or  district,  asking  to 
have  the  proposition  to  abolish  the  poll  tax  submitted  to  the  legal 
voters  of  said  town,  or  district,  filed  with  the  town  or  district  clerk 
not  less  than  fifteen  (15)  days  before  the  annual  town  meeting  or 
annual  district  election,  then  the  town  or  district  clerk  shall  state  in 
the  notice  of  the  annual  town  meeting  or  district  election  that  the  legal 
voters  of  such  town  or  district  may  vote  by  ballot  for  or  against  the 
payment  of  all  poll  tax,  and  if  a  majority  of  all  the  ballots  cast  are 
against  the  payment  of  a  poll  tax,  then  that  part  of  this  section  which 
provides  for  the  levying  of  a  poll  tax  shall  no  longer  be  in  force  in 
such  town  or  district.  [Amended  by  Act  approved  June  25,  1917. 

§  56.  GENERAL  TAX  LEVY  FOR  ROAD  AND  BRIDGE  PURPOSES.]  At  a 
regular  meeting  to  be  held  on  the  first  Tuesday  in  September  the  board 
of  highway  commissioners  in  each  town  or  road  district  shall  annually 
determine  and  certify  to  the  board  of  supervisors  or  board  of  county 
commissioners  the  amount  necessary  to  be  raised  by  taxation  for  the 
proper  construction,  maintenance  and  repair  of  roads  and  bridges  in 
such  town  or  road  district.  Such  certificate  shall  be  filed  in  the  office 
of  the  county  clerk,  and  by  that  official  presented  to  the  county  board  at 
their  regular  September  meeting  for  their  consideration.  The  amount 
so  certified  if  approved  by  the  county  board,  or  such  part  thereof  as  the 
said  board  shall  approve 'shall  be  extended  by  the  county  clerk  as  taxes 
against  the  taxable  property  of  such  town  or  district :  Provided,  how- 
ever, that  the  county  clerk  shall  not  extend  against  the  taxable  property 
of  any  town  or  road  district  a  rate  in  excess  of  sixty-one  (61)  cents 
on  each  one  hundred  dollars  valuation  of  the  taxable  property  of  the 
town  or  district,  and  if  the  amount  of  taxes  approved  by  the  county 
board  shall  be  in  excess  of  such  rate  it  shall  be  the  duty  of  the  clerk  to 
reduce  the  same  to  said  rate  of  sixty-one  cents  upon  each  one  hundred 
dollars  of.  the  assessed  valuation  of  said  town  or  district. 

§  57.  COPY  OF  CERTIFICATE  TO  BE  PRESERVED.]  The  commissioners 
of  highways  of  each  town  or  district  in  addition  to  certifying  to  the 
county  board  the  amount  necessary  to  be  raised  by  said  town  or  dis- 
trict for  road  and  bridge  purposes  therein,  shall  also  within  the  dates 
aforesaid  make  out  and  deliver  to  the  town  or  district  clerk  a  copy  of 
such  certificate  to  be  kept  on  file  by  such  clerk  for  the  inspection  of  the 
inhabitants  of  such  town  or  district :  Provided,  however,  that  a  failure 
to  file  such  copy  shall  not  affect  the  validity  of  the  certificate  filed  with 
the  county  clerk,  or  of  the  tax  levied  pursuant  thereto:  Provided, 
further,  that  the  town  or  district  clerk  shall  not  certify  levies  of  road 
and  bridge  taxes  to  the  county  clerk. 

§  58.  DAMAGES  FOR  LAYING  OUT  ROADS,  ETC. — TAX  LEVY  FOR.] 
When  damages  have  been  agreed  upon,  allowed  or  awarded  for  laying 


32 

out,  widening,  altering,  or  vacating  roads  or  for  ditching  to  drain 
roads,  the  amounts  of  such  damages,  not  to  exceed  for  any  one  year 
twenty  cents  on  each  one  hundred  dollars  of  the  taxable  property  of 
the  town  or  district  shall  be  included  in  the  first  succeeding  tax  levy, 
provided  for  in  section  56  of  this  Act,  and  be  in  addition  to  the  levy  for 
road  and  bridge  purposes ;  and  when  collected,  shall  constitute  and  be 
held  by  the  treasurer  of  the  road  and  bridge  fund  as  a  separate  fund 
to  be  paid  out  to  the  parties  entitled  to  receive  the  same.  It  shall  be 
the  duty  of  the  commissioners  of  highways  at  the  time  of  certifying 
the  general  tax  levy  for  road  and  bridge  purposes  within  their  town 
or  district  to  include  and  separately  specify  in  such  certificate  the 
amount  necessary  to  be  raised  by  taxation  for  the  purpose  of  paying 
such  damages.  Upon  the  approval  by  the  county  board  of  the  amount 
so  certified,  as  provided  in  the  preceding  section,  the  county  clerk  shall 
extend  the  s&me  against  the  taxable  property  of  said  town  or  district, 
provided  the  amount  thus  approved  shall  not  be  in  excess  of  twenty 
cents  on  each  one  hundred  dollars  of  the  taxable  property  therein. 

§  59.    TAX     RATE EXTENSION     AND     COLLECTION     OF     TAXES.]     All 

items  of  tax  levy  of  any  town  or  district  authorized  by  sections  56 
and  58  of  this  Act  shall  be  extended  by  the  county  clerk  as  one  tax 
upon  the  collector's  book  and  when  collected  shall  be  paid  to  the 
treasurer  of  the  commissioners  of  highways  by  the  collector  as  fast 
as  the  same  is  collected,  except  such  rate  per  cent  as  shall  be  allowed 
for  collecting  the  same:  Provided,  that  one-half  the  tax  required 
to  be^  levied  in  section  56  and  collected  for  road  and  bridge  purposes, 
on  the  property  lying  within  an  incorporated  village,  town  or  city  in 
which  the  streets  and  alleys  are  under  the  care  of  the  corporation 
shall  be  paid  over  to  the  treasurer  of  such  village,  town  or  city,  to  be 
appropriated  to  the  improvement  of  roads,  streets  and  bridges,  either 
within  or  without  said  village,  town  or  city,  and  within  the  township 
under  the  direction  of  the  corporate  authorities  of  such  village,  town 
or  city:  Provided,  also,  that  one-half  the  poll  tax  required  to  be 
assessed  in  section  55  a?rd  collected  for  road  and  bridge  purposes  shall 
be  subject  to  the  same  provisions  as  are  herein  made  applicable  to  the 
tax  required  to  be  levied  in  section  56 :  And,  -provided,  further,  that 
when  any  of  said  tax  or  poll  tax  is  expended  beyond  the  limits  of  said 
village,  town  or  city,  it  shall  be  with  the  consent  of  the  highway  com- 
missioners of  the  township  or  road  district.  [Amended  by  an  Act  filed 
July  8,  1915. 

§  60.  ROAD  DAMAGES — ORDERS  OUT  OF  TAX  TO  BE  LEVIED.]  When- 
ever damages  have  been  allowed  for  roads  or  ditches,  the  commis- 
sioner of  highways  may  draw  orders  on  the  treasurer,  payable  only 
out  of  the  tax  to  be  levied  for  such  roads  or  ditches,  when  the  money 
shall  be  collected  or  received,  to  be  given  to  persons  damaged. 

§  61.  BONDS  MAY  BE  ISSUED  BY  VOTE  OF  SPECIAL  TOWN  OR  DISTRICT 
MEETING  TO  BUILD  BRIDGE,  ETC.]  When  the  highway  commissioners 
desire  to  expend  on  any  bridge  or  bridges,  or  approaches  thereto  in 
any  district  a  greater  sum  of  money  than  is  available  to  them  by  other 
means,  the  said  commissioners  may  call  a  special  town  or  district 


33 

election  to  vote  on  the  proposition.  Upon  determining  to  call  such 
election  the  highway  commissioners  shall  order  the  town  or  district 
clerk,  by  an  instrument  in  writing  to  be  signed  by  them,  to  post  up  in 
ten  of  the  most  public  places  in  said  town  or  district  notices  of  such 
special  town  or  district  election,  which  notice  shall  state  the  object, 
time  and  place  of  the  election,  the  maximum  sum  to  be  borrowed  and 
the  manner  in  which  the  vote  is  to  be  had,  which  shall  invariably  be 
by  ballot,  and  shall  be:  "For  borrowing  money  to  (here  define  the 
purpose)"  or  "against  borrowing  money  to  (here  define  the  purpose"). 
Such  special  town  or  district  election  shall  be  held  at  the  place  of  the 
last  annual  town  or  district  meeting  by  said  clerk  giving  at  least  ten 
days  notice  and  the  returns  thereof  shall  be  made  in  the  same  manner 
as  other  special  town  or  district  elections  are  now  or  may  hereafter  be 
provided  by  law; 'and  if  it  shall  appear  that  a  majority  of  the  legal 
voters  voting  at  said  election  shall  be  in  favor  of  said  proposition,  the 
said  commissioners  of  highways,  or  town  or  district  clerk,  as  the  case 
may  be,  shall  issue  from  time  to  time  as  the  work  progresses  a  sufficient 
amount  in  the  aggregate  of  bonds  of  said  town  or  district  for  the 
purpose  of  building  said  bridge  or  bridges  and  approaches,  thereto, 
said  bonds  to  be  of  such  denominations,  bear  such  rate  of  interest  (not 
exceeding  six  per  cent)  upon  such  time,  and  be  disposed  of  as  the 
necessities  and  conveniences  of  said  town  or  district  officers  require: 
Provided,  that  said  bonds  shall  not  be  sold  or  disposed  of  for  less  than 
their  par  value  and  such  town  or  district  shall  provide  for  the  payment 
of  such  bonds  by  appropriate  taxation.  Each  town  or  district  shall 
for'the  purposes'of  the  special  town  or  district  election  mentioned  in 
this  section  constitute  an  election  precinct. 

A  register  of  all  issues  of  said  bonds  shall  be  kept  in  the  office,  of 
the  county  clerk  of  the  county  in  which  said  township  or  district  is 
located,  showing  the  date,  amount,  rate  of  interest,  maturity,  and  the 
purpose  for  which  said  bonds  were  issued,  which  information  shall  be 
furnished  to  the  county  clerk  in  writing,  by  the  town  or  district  clerk, 
and  it  shall  be  the  duty  of  such  county  clerk  to  extend  annually  against 
the  property  in  said  township  or  road  district,  a  tax  sufficient  to  pay 
the  interest  of  said  bonds  in  each  year  and  to  discharge  the  principal 
thereof  within  the  period  for  which  such  bonds  have  been  issued. 
[Amended  by  Act  approved  June  27,  1917. 

§  62.  ROAD  AND  BRIDGE  MONEY — HOW  USED.]  All  road  and  bridge 
moneys  of  any  town  or  road  district  shall  be  held  by  the  treasurer 
of  the  road  and  bridge  fund  subject  to  the  order  of  the  commissioners 
of  highways :  Provided,  that  not  less  than  three  ($3.00)  dollars  nor 
more  than  five  ($5.00)  dollars  per  mile  per  annum  shall  be  taken  and 
appropriated  from  the  road  and  bridge  fund  of  each  township,  or 
district  to  be  known  as  a  road  drag  fund  to  pay  for  the  work  of  drag- 
ging earth  roads  in  the  township  or  district  as  provided  in  section  107 
hereof,  and  that  the  enforcement  of  the  law  as  to  what  roads  in  the 
township  or  district  shall  be  dragged  and  as  to  how  often  the  same 
shall  be  dragged,  shall  be  lodged  in  the  hands  of  the  commissioners  or 
commissioner  of  highways.  [Amended  by  Act  approved  June  24,  1915. 


34 

SUBDIVISION  IV. 

Provisions  Specially  Applicable  to  Bridges  and  Improvements 

Constructed  or  Repaired  at  the  Joint  Expense  of  Two 

Adjoining  Towns  or  Districts. 

§  63.  BRIDGES  BUILT  BY  TWO  TOWNS  OR  DISTRICTS.]  Bridges  over 
streams  which  divide  towns  or  districts  and  bridges  over  streams  on 
roads  on  town  or  district  lines,  and  bridges  within  eighty  rods  of  town 
or  district  lines  over  streams  on  roads  extending  from  one  town  or 
district  into  another  town  or  district  and  crossing  town  or  district 
lines,  shall  be  built  and  repaired  at  the  expense  of  such  towns  or  dis- 
tricts: Provided,  that  the  expense  of  building  and  maintaining  any 
bridge  over  a  stream  near  town  or  district  lines  in  which  both  are 
interested  and  where  the  cost  thereof  is  less  than  $5,000,  shall  be 
borne  by  both  towns  or  districts  in  such  portion  as  shall  be  just  and 
equitable  between  said  towns  or  districts,  taking  into  consideration 
the  taxable  property  in  each,  the  location  of  the  bridge,  and  the 
advantage  of  each,  to  be  determined  by  the  commissioners  in  making 
contracts  for  the  same,  as  provided  for  in  section  64  of  this  Act. 

§  64.  CONTRACTS  BY  COMMISSIONERS  OF  ADJOINING  TOWNS  OR  DIS- 
TRICTS.] For  the  purpose  of  building  or  keeping  in  repair  such  bridge 
or  bridges,  it  shall  be  lawful  for  the  commissioners  of  such  adjoin- 
ing towns,  or  districts,  whether  they  be  in  the  same  or  different  coun- 
ties to  enter  into  joint  contracts,  and  such  contracts  may  be  enforced 
in  law  sor  equity  against  such  commissioners  jointly,  the  same  as  if 
entered  into  by  individuals,  and  such  commissioners  may  be  proceeded 
against  jointly  by  any  parties  interested  in  such  bridge  or  bridges,  for 
any  neglect  of  duty  in  reference  to  such  bridge  or  bridges,  or  for  any 
damage  growing  out  of  such  neglect. 

§  65.  APPROACHES  TO  BRIDGES  ON  OR  NEAR  TOWN  OR  DISTRICT 
LINES.]  Approaches  to  all  bridges  built  and  constructed  under  and  by 
virtue  of  the  two  precedmg  sections,  shall  be  built,  constructed  and 
maintained  by  tfie  respective  towns  or  districts  within  which  such 
approach  or  approaches  may  be  located,  and  all  approaches  to  any 
and  all  such  bridges  as  have  heretofore  been  built  and  constructed 
jointly  by  two  or  more  districts  of  towns  shall  be  maintained  by  the 
respective  districts  or  towns  within  which  such  approach  or  approaches 
are  now  located. 

§  66.  WHEN  COMMISSIONERS  OF  ADJOINING  TOWNS  OR  DISTRICTS 
REFUSE  TO  ENTER  INTO  JOINT  CONTRACT,  BRIDGE  MAY  BE  BUILT  AND 
BONDS  ISSUED  BY  VOTE  OF  TOWN  MEETING  OR  DISTRICT  ELECTION.] 
Whenever  the  commissioners  of  either  of  such  adjoining  towns  or 
adjoining  districts,  shall  refuse  to  enter  into  such  joint  contracts  to 
build  and  maintain  such  bridge  or  bridges,  the  commissioners  of  the 
other  town  or  district  may  submit  such  question  to  the  annual  district 
election  or  town  meeting  or  call  a  special  district  election  or  town 
meeting  to  vote  upon  the  proposition  as  to  whether  such  district  or 
town  shall  proceed  to  build  and  maintain  such  bridge  or  bridges  at  its 
own  expense.  If  such  proposed  bridge  shall  require  a  greater  sum  of 


35 

money  to  complete  it  than  is  available  to  the  commissioners  by  other 
means,  they  may  also  submit  the  proposition  to  such  annual  or  special 
district  election  or  annual  or.  special  town  meeting,  to  borrow  money  to 
build  such  bridge.  The  voting  shall  be  by  ballot,  and  if  simply  the 
question  as  to  the  building  of  the  bridge  is  submitted,  if  the  voter 
desires  to  vote  for  building  the  bridge,  his  ballot  shall  state  "to  build 
bridge,"  and  if  he  desires  to  vote  against  the  proposition,  his  ballot  shall 
state  "against  the  proposition  to  build  bridge."  If  the  proposition  to 
borrow  money  to  build  such  bridge  shall  be  included  in  the  notice  the 
maximum  amount  to  be  borrowed  shall  be  stated  in  the  same,  and  the 
voter  desiring  to  vote  affirmatively  shall  state  on  his  ballot  "to  build 
bridge  and  to  borrow  money  to  construct  the  same" ;  and  if  he  desires 
to  vote  negatively,  his  ballot  shall  state  "against  the  proposition  to  build 
bridge  and  to  borrow  money  to  construct  the  same."  Such  special 
election  shall  be  called  and  held  in  the  same  manner  as  is  provided  in 
section  61  of  this  Act.  If  the  proposition  to  build  such  bridge  shall 
receive  a  majority  of  all  the  votes  cast- at  such  election  or  meeting  the 
commissioners  shall  then  have  the  power  to  contract  for  the  building  of 
such  bridge  and  approaches  thereto,  the  same  as  if  the  bridge  was 
entirely  located  in  such  district  or  town,  and  shall  have  the  power  to 
acquire  by  purchase,  lease  or  gift,  any  private  bridge  already  built, 
suited  to  the  purpose,  or  any  land  upon  which  to  build  the  approaches, 
or  may  use  for  the  purpose  of  such  approaches  any  public  highway, 
that  may  lead  to  the  bank  of  the  stream  where  said  bridge  is  to  be 
built  on  either  side  of  said  stream,  whether  such  highway  may  be 
within  the  limits  of  said  town  or  district  or  county  or  not.  If  the  prop- 
osition to  build  such  bridge  and  borrow  money  to  build  the  same  shall 
receive  a  majority  of  the  votes  cast  at  such  special  or  annual  election 
or  meeting,  the  town  or  district  clerk,  under  the  direction  of  the  com- 
missioners, shall  issue  from  time  to  time,  as  the  work  progresses,  a 
sufficient  amount  in  the  aggregate  of  the  bonds  of  said  town  or  district 
for  the  purpose  of  building  such  bridge  and  the  approaches  thereto,  or 
to  purchase  any  private  bridge  already  built,  as  the  case  may  be,  said 
bonds  to  be  of  such  denominations,  bear  such  rate  of  interest,  not 
exceeding  8  per  cent,  upon  such  time,  and  be  disposed  of  as  the  neces- 
sities and  conveniences  of  said  commissioners  may  require.  Such 
bonds  shall  not  be  sold  for  less  than  their  par  value,  and  such  town  or 
district  shall  provide  for  the  payment  of  such  bonds  and  interest  by 
appropriate  taxation.  x 

§  67.  SUIT  ON  JOINT  CONTRACT.]  If  the  commissioners  of  either 
of  such  towns  or  districts,  after  reasonable  notice  in  writing  from  the 
commissioners  of  any. other  such  towns  or  districts,  shall  neglect  or 
refuse  to  build  or  repair  any  such  bridge  when  any  contract  or  agree- 
ment has  been  made  in  regard  to  the  same,  it  shall  be  lawful  for  the 
commissioners  so  giving  notice  to  build  or  repair  the  same,  to  recover, 
by  suit,  one-half  (or  such  amount  as  shall  have  been  agreed  upon)  of 
the  expense  of  so  building  or  repairing  such  bridge,  with  costs  of  suit 
and  interest  from  the  time  of  the  completion  thereof,  from  the  town 
or  district  so  neglecting  or  refusing. 


36 

SUBDIVISION  V. 
The  Letting  of  Contracts. 

§  68.  CONTRACTS  OF  SINGLE  TOWN  OR  DISTRICT.]  The  commis- 
sioners of  highways  in  each  town  or  district  is  hereby  authorized  to 
contract  for  the  construction  and  repairing  of  roads  and  bridges  lying 
wholly  within  the  limits  of  his  [their]  town  or  district ;  the  cost  whereof 
does  not  exceed  $200.00.  When  any  contract  shall  be  for  a  sum  in 
excess  of  $200.00,  the  said  commissioners  shall  not  let  the  same  without 
the  approval  of  the  county  superintendent  of  highways.  The  county 
superintendent  shall  keep  a  record  of  all  contracts  approved  by  him. 

§  69.  CONTRACTS  FOR  IMPROVEMENTS  TO  BE  CONSTRUCTED  BY  TWO 
TOWNS  OR  DISTRICTS.]  Contracts  for  constructing  and  repairing  roads 
and  bridges  on  towns  or  district  lines,  or  across  streams  on  town  or 
district  lines,  shall  be  let  by  the  commissioners  of  the  two  towns  or 
districts  who  shall  meet  and  act  together  when  taking  action  upon  the 
letting  of  such  contracts  for  the  construction  or  repair  of  such  roads 
and  bridges,  or  acceptance  of  the  work.  When  such  contracts  are  for 
the  expenditure  of  a  sum  exceeding  $200.00  they  shall  not  let  the  same 
without  the  approval  of  the  county  superintendent  as  provided  in  the 
preceding  section. 

§  70.  CONTRACTOR  TO  FURNISH  BOND.]  No  contract  so  made  either 
at  public  or  private  letting  shall  be  considered  as  let  unless  the  con- 
tractor shall,  within  ten  days  after  the  letting,  enter  into  contract  and 
file  a  bond  with  two  good  and  sufficient  sureties  with  the  commis- 
sioners, in  the  penal  sum  of  double  the  amount  of  the  contract,  payable 
to  the  commissioners  of  the  town  or  district,  upon  failure  to  comply 
with  the  conditions  of  his  or  their  contract. 

§  71.  WHEN  CONTRACTS  MADE  PAYABLE.]  All  contracts  for  the 
construction  or  repair  of  roads,  or  building  or  repairing  bridges  shall 
be  made  payable  as  soon  as  the  work  on  said  contract  is  completed  and 
accepted  by  the  commissioners  of  highways. 

§  72.    IN     LETTING     CONTRACTS,     ETC.,     COMMISSIONERS     MUST     NOT 

HAVE  ANY  PECUNIARY  INTEREST.]  In  letting  contracts,  employing  labor, 
or  in  purchasing  tools,  machinery  or  materials,  neither  the  highway 
commissioners  nor  the  county  superintendent  of  highways  shall  have, 
directly  or  indirectly,  any  personal  pecuniary  interest  therewith. 

SUBDIVISION  VI. 
Laying  Out,  Altering,  Vacating,  Widening  Roads. 

§  73.  WIDTH  OF  ROADS.]  All  public  roads  established  under  the 
provision  of  this  Act  shall  be  of  the  standard  width  of  40  feet. 

§  74.  REDUCING  WIDTH  OF  ROADS.]  The  commissioners  of  high- 
ways of  any  town  or  road  district  may,  in  their  discretion,  reduce  the 
width  of  any  existing  public  highway  in  any  town  or  road  district  to  a 
width  of  forty  feet  when  the  same  is.  petitioned  for  by  a  majority  of 
the  land  owners  along  the  line  of  said  road  within  said  town  or  dis- 
trict. When  possible  the  land  so  vacated  by  reducing  the  width  of 
the  road  shall  be  taken  equally  from  both  sides  of  the  public  highway. 
In  cases  of  natural  obstruction  on  one  side  of  the  public  highway  or 


37 

where  the  said  road  extends  along  the  right-of-way  of  any  railroad, 
river  or  canal,  the  commissioners  are  authorized  to  reduce  the  width  of 
road  on  one  side  only,  [ ;]  provided  [,]  that  any  highway  that  has  been 
heretofore  laid  out  and  dedicated  to  the  public  use  and  which  has  been 
set  apart  in  any  county  by  the  proper  authorities  as  a  Stajie  aid  road 
shall  not  be  reduced  in  width  without  the  consent  in  writing  of  the  De- 
partment of  Public  Works  and  Buildings.  [Amended  by  Act  approved 
June  25,  1917. 

§  75.  ALTERING,  WIDENING,  VACATING  AND  LAYING  OUT  ROADS 

PETITION.]  Existing  roads  may  be  altered,  vacated  or  widened  and 
new  roads  may  be  laid  out  in  the  manner  herein  provided  for.  Any 
number  of  land  owners,  not  less  than  twelve,  residing  in  any  town  or 
road  district  within  two  miles  of  the  road  to  be  altered,  widened,  va- 
cated or  laid  out,  or  two-thirds  of  such  land  owners,  may  file  a  petition 
with  the  commissioners  of  highways  of  such  town  or  district,  praying 
for  the  altering,  widening,  vacation  or  laying  out  of  said  roads.  Said 
petition  shall  set  forth  a  description  of  the  road  and  what  part  is  to  be 
altered,  widened  or  vacated,  and  if  .for  a  new  road  the  names  of  the 
owners  of  lands,  if  known,  and  if  not  known  it  shall  so  state,  over 
which  the  road  is  to  pass,  the  points  at  or  near  which  it  is  to  commence, 
its  general  course,  and  the  place  at  or  near  which  it  is  to  terminate. 
[Amended  by  Act  approved  June  24,  1915. 

§  75a.  RAILROAD  CROSSINGS.]  Whenever  the  State  Public  Utilities 
Commission,  or  its  successor,  shall  find  and  certify  to  the  highway 
commissioners  of  any  town  or  road  district,  that  the  reconstruction, 
alteration,  relocation  improvement  or  abolishment  of  any  crossing  of 
the  track  of  any  railroad  company  across  any  highway  or  public 
road,  is  necessary  to  preserve  or  promote  the  safety  of  the  public  or 
of  the  employees  or  passengers  of  such  railroad,  and  that  for  that 
purpose  it  is  necessary  to  relocate,  divert  or  establish  any  highway  or 
public  road,  it  shall  be  the  duty  of  such  highway  commissioners  to 
relocate,  divert  or  establish  such  highway  or  public  road  in  accordance 
with  such  findings.  The  proceedings  for  that  purpose  shall  be  in 
accordance  with  the  provisions  of  subdivision  VI  of  this  Act,  except 
that  the  petition  mentioned  in  section  75  shall  not  be  necessary,  but 
the  findings  and  certificate  of  said  commission  shall  stand  in  lieu  of 
such  petition.  [Amended  by  an  Act  filed  June  29,  1917. 

§  76.  HEARING  ON  PETITION — NOTICE— PRELIMINARY  ORDER.] 
Whenever  the  commissioners  shall  receive  any  such  petition  they  shall 
fix  a  time  when  and  a  place  where  they  will  examine  the  route  of  such 
road  and  hear  reasons  for  or  against  the  altering,  widening,  vacating 
or  laying  out  of  the  same,  and  they  shall  give  at  least  ten  days'  notice 
of  the  time  and  place  of  such  examination  and  hearing  by  posting 
notices  in  three  of  the  most  public  places  in  the  town  or  district  in  the 
vicinity  of  the  road  to  be  widened,  altered,  vacated  or  laid  out.  The 
commissioners  may,  by  public  announcement,  and  by  the  posting  of 
a  notice  at  the  time  and  place  named  for  the  first  hearing,  adjourn 
the  said  hearing  from  time  to  time,  but  not  for  a  longer  period  than  ten 
days  in  all;  and  shall  at  such  meeting,  or  such  adjourned  meeting, 


38 

decide  and  publicly  announce  whether  they  shall  grant  or  refuse  the 
prayer  of  the  petition,  and  shall  endorse  upon  or  annex  to  the  petition 
a  brief  memorandum  of  such  decision,  to  be  signed  by  said  commis- 
sioners and  file  within  five  days  thereafter  in  the  office  of  the  town  or 
district  clerk. 

§  77.  APPEAL.]  In  case  the  commissioners  of  highways  shall  deny 
the  prayer  of  the  petition,  any  three  of  the  petitioners  may  appeal  from 
such  decision  to  the  county  superintendent  of  highways  by  joining 
in  a  notice  of  such  appeal  and  filing  the  same  in  the  office  of  the 
town  or  district  clerk  within  ten  days  after  the  date  of  the  decision 
appealed  from.  The  clerk  shall  thereupon  transmit  the  original 
petition  for  the  altering,  widening,  vacating  or  laying  out  of  such 
road,  together  with  the  said  notice  of  appeal  to  the  county  superin- 
tendent of  highways.  Upon  receipt  thereof  the  said  county  super- 
intendent of  highways  shall  thereupon  fix  a  time  and  place  for  a 
public  hearing  thereof,  giving  notice  thereof  and  render  his  decision 
theron  in  the  manner  hereinbefore  provided  in  the  case  of  the 
hearing  upon  said  petition  by  the  commissioners  of  highways  of  the 
town  or  district.  Upon  rendering  his  decision,  the  said  superin- 
tendent of  highways  shall  likewise  endorse  oh  said  petition  a  mem- 
orandum of  his  decision  and  shall  file  the  same  in  the  office  of  the 
town  or  district  clerk.  Such  decision  of  the  commissioners  of  high- 
ways, or  upon  appeal  such  order  of  the  county  superintendent  of 
highways,  shall  be  regarded  as  a  preliminary  decision  upon  the 
advisability  of  the  proposed  improvement,  and  shall  be  subject  to 
revocation  in  the  manner  hereinafter  provided.  [Amended  by  Act 
approved  June  21,  1917. 

§  78.  SURVEYS  ORDERED.]  If  the  commissioners  of  highways,  or 
upon  appeal  from  his  [their]  decision,  the  county  superintendent  of 
highways,  shall  enter  a  preliminary  order  as  aforesaid  that  the 
prayer  of  the  petitioner  should  be  granted,  the  said  ^highway  com- 
missioners or  county  superintendent  of  highways,  as 'the  case  may 
be,  shall  cause  a  survey  ami  plat  of  such  road  to  be  made  by  a  com- 
petent surveyor  who  shall  report  such  survey  and  plat  to  said 
commissioners  of  highways  or  county  superintendent,  as  the  case 
may  be,  giving  the  courses  and  distances  and  specifying  the  land 
over  which  said  road  is  to  pass^;  in  which  he  may  make  such 
changes  ^between  the  termini  of  the  road  described  in  the  petition, 
as  the  convenience  and  interest  of  the  public  in  his  judgment  may 
require.  Upon  the  petition  of  twelve  land  owners  residing  in  the 
town  or  district  where  the  road  is  situated,  it  shall  be  the  duty  of 
the  said  commissioners  of  highways  or  county  superintendents,  as 
the  case  may  be,  within  a  reasonable  time  to  employ  a  competent 
surveyor  and  have  any  road  designated  in  such  petition  to  be  once 
[re]  surveyed. 

§  79.  DAMAGES  TO  BE  DETERMINED.]  Whenever  the  commissioners 
of  highways  of  any  town  or  road  district  or  upon  appeal  from  their 
decision,  the  county  superintendent  of  highways  has  entered  a  pre- 
liminary order  as  aforesaid  for  the  establishment,  vacation,  widen- 
ing or  alteration  of  a  road,  and  a  survey  therefor  has  been  com- 


39 

pleted  as  hereinbefore  provided,  proceedings  shall  next  be  taken  to 
fix  the  damages  which  will  be  sustained  by  the  adjoining  land 
owners  by  reason  of  such  alteration,  vacation,  widening  or  laying 
out.  In  case  such  preliminary  order  was  entered  by  the  commis- 
sioners of  highways,  they  shall  act  for  the  towft  or  district  in  all 
matters  relating  to  the  fixing  of  damages,  as  well  as  the  surveying 
of  such  road.  But  in  case  such  order  was  entered  by  the  county 
superintendent  of  highways  on  appeal,  as  aforesaid,  the  said  county 
superintendent  shall  represent  the  said  town  or  district  in  such 
matters. 

§  80.  DAMAGES  MAY  BE  AGREED  UPON.]  The  damages  sustained  by 
the  owner  or  owners  of  land  by  reason  of  the  establishment,  altera- 
tion, widening  or  vacation,  as  aforesaid,  may  be  agreed  upon  by  the 
owners  of  such  lands  if  competent  to  contract,  and  the  commis- 
sioners of  highways  or  county  superintendent,  as  the  case  may  be. 
Such  damages  may  also  be  released  by  such  owners,  and  in  such 
case  the  agreement  or  release  shall  be  in  writing,  the  same  shall  be 
filed  and  recorded  with  the  copy  of  the  order  establishing,  altering, 
widening  or  vacating  such  road  in  the  office  of  the  town  or  district 
clerk,  and  shall  be  a  perpetual  bar  against  such  owners,  their  gran- 
tees and  assigns  for  all  further  claim  for  such  damages. 

§  81.  INDUCEMENTS  MAY  BE  OFFERED.]  Any  person  or  persons 
interested  in  the  establishment,  alteration,  widening  or  vacation  of 
any  public  road  in  this  State,  are  hereby  authorized  to  offer  induce- 
ments to  the  commissioners  of  highways  or  county  superintendent 
of  highways,  as  the  case  may  be,  for  the  establishment,  alteration, 
widening  or  vacation  of  any  such  road,  by  entering  into  contract 
with  said  commissioners  or  county  superintendent,  conditioned 
upon  such  establishment,  alteration,  widening  or  vacation,  to  pay 
money  or  other  valuable  thing  to  the  town  or  district  for  the  benefit 
of  the  road  or  bridge  funds  of  the  same ;  or  to  perform  any  labor,  or 
construct  any  road,  bridge  or  culvert  on  any  road  which  said  person 
or  persons  desire  to  be  established,  widened  or  altered.  Any  such 
contracts  in  writing  made  with  said  commissioners  of  highways  or 
county  superintendents  shall  be  deemed  good  and  valid  in  law  and 
may  be  enforced  by  said  commissioners  or  superintendent,  or  his  or 
their  successors  in  office,  before  any  court  having  jurisdiction. 

§%82.  SUMMONING  JURY  TO  ASSESS  DAMAGES — SUMMONS  TO  OWN- 
ERS.] In  case  such  damages  are  not  released  or  agreed  upon  as  in  the 
preceding  section  specified,  the  commissioners,  or  in  case  of 
appeal  the  county  superintendent  of  highways,  shall,  within  ten 
days  from  the  date  of  the  meeting  at  which  it  was  decided  to  grant 
the  prayer  of  the  petition,  make  a  certificate  that  he  is  about  to 
establish,  widen,  vacate,  or  alter  a  public  road,  describing  such 
road,  vacation,  widening  or  alteration,  and  the  land  over  or  on 
which  such  road  is  to  be  established,  altered,  widened  or  vacated, 
and  naming  the  owners  of  such  lands,  if  known,  and  if  not  known, 
stating  the  fact  and  asking  for  a  jury  to  assess  the  damages  of  such 
owners,  and  shall  present  such  certificate  to  some  justice  of  the 
peace  of  the  county,  who,  on  receipt  of  the  same,  shall,  within  five 


40 

days,  issue  a  summons  against  the  land  owners  concerned,  which 
summons  shall  be  in  the  following  form  as  nearly  as  the  case  will  admit, 
viz: 

STATE  OF  ILLINOIS,! 
COUNTY,  J  ss- 

The  People  of  the  State  of  Illinois,  to  any  constable  of  said  county — 

GREETING  : 

You  are  hereby  commanded  to  summon to  appear 

before  me  at on  the day  of at. o'clock, 

and  prove  to  a  jury  then  and  there  to  be  empaneled,  such  damages 
as  (he  or  they)  may  sustain  on  account  of  the  establishing,  altering, 
widening  or  vacating  the  road  described  in  a  certificate  of  the  com- 
missioners of  the  town  of or  road  district  No (or 

county  superintendent  of  highways  acting  for  said  town  or  road 

district  No )  in  said  county,  which  certificate  is  now  on  file 

in  my  office. 

Given  under  my  hand  and  seal  this day  of ,  19.  ... 


Justice  of  the  Peace. 

In  which  summons  the  justice  shall  specify  a  certain  place,  day 
and  hour  for  the  trial,  not  less  than  six  nor  more  than  fifteen  days 
from  the  date  of  such  summons,  at  which  the  time  and  place  such 
land  owners  are  to  appear.  Such  summons  shall  be  served  at  least 
three  days  before  the  time  of  trial  mentioned  therein,  by  reading  the 
same  to -the  land  owners  therein  named. 

§83.  IF  OWNER  INFANT,  ETC.,  HOW  SERVED.]  If  any  such  owner 
is  an  infant,  such  summons  shall  be  served- by  delivering  a  copy  to 
the  infant  and  its  guardian,  if  any ;  if  no  guardian,  the  person  with 
whom  he  or  she  resides.  If  any  owner  is  a  lunatic  or  habitual 
drunkard,  having  a  conservator,  or  insane,  by  delivering  a  copy  to 
his  conservator,  if  any. 

§84.  NOTICE  TO  NON-RESIDENT  OWNERS — CONTINUANCE.]  In  case 
it  shall  appear,  either  fromthe  certificate  of  the  commissioners  or 
county  superintendent  of  highways,  the  affidavit  of  any  person,  or 
the  return  of  any  officer  to  whom  the  notice  may  be,  delivered  for 
service,  that  there  are  non-resident  or  unknown  owner  or  owners 
who  cannot  be  found  and  served  within  the  county,  such  justice 
shall  also  cause  notice  to  be  delivered  to  the  occupant  of  such  lands, 
and  the  contents  and  nature  thereof  to  be  made  known  to  such 
occupant  and  also  to  be  posted  in  three  of  the  most  public  places  in 
the  vicinity  of  such  proposed  road  or  alteration,  at  least  ten  days 
before  the  time  fixed  in  the  summons  for  hearing  proof  of  damages, 
stating  the  time  and  place,  as  stated  in  said  summons,  and  describ- 
ing the  road  to  be  established  or  altered,  and  the  lands  for  which 
damages  are  to  be  assessed ;  and  in  case  service  is  made  upon  any 
owner  by  posting  notices  as  above  provided,  the  justice  shall  con- 
tinue said  hearing  for  a  period  not  exceeding  twelve  days. 

§  85.  MANNER  OF  SELECTING  JURY — CHALLENGE.]  Such  justice 
shall  also  forthwith  issue  a  venire  directed  to  any  constable  of  the 


41 

county,  to  summon  six  persons  having  the  qualifications  of  jurors 
to  appear  at  such  time  and  place  as  may  be  designated  for  the  prov- 
ing of  such  damages,  whose  competency  shall  be  determined  the 
same  as  in  other  civil  cases  before  justices  of  the  peace.  Either  party 
to  the  case  shall  have  the  same  right  of  challenge  as  in  other  civil 
cases ;  and  any  deficiency  in  the  number  of  jurors,  from  whatever 
cause,  shall  be  supplied  by  summoning  other  persons  residing  in 
such  county :  Provided,  that  not  more  than  one-half  of  such  jury  shall 
be  residents  of  the  town  or  district  liable  to  pay  the  damages  as- 
sessed in  the  case :  Provided,  further,  that  changes  of  venue  may  be 
granted,  if  applied  for  before  the  commencement  of  the  trial,  in  the 
same  manner  as  in  other  civil  causes  before  justices  of  the  peace. 

§  86.  OATH  TO  JURY — TRIAL  TO  BE  CONDUCTED  AS  IN  OTHER  CIVIL 
CASES.]  The  jury  shall  appear  before  and  be  sworn  by  such  justice 
faithfully  and  impartially  to  assess  the  damages  of  each  of  the  own- 
ers specified  in  such  certificate,  or  those  of  them  whose  claims  are 
then  to  be  adjusted,  according  to  law,  to  the  best  of  their  judgment 
and  understanding;  and  all  parties  in  interest  shall  be  entitled  to 
subpoenas  and  other  writs  and  papers,  and  the  trial  shall  be  con- 
ducted as  in  other  civil  cases. 

§87.  TRIAL — VERDICT — JUDGMENT  —  DAMAGES — BENEFITS.]  The 

case  shall  be  entitled,  "Town  of (or  road  district  No ) 

vs "  (whoever  may  be  summoned  as  land  owners), 

and  the  jury  shall  hear  such  lawful  evidence  touching  the  question 
of  damages  as  may  be  presented  to  them;  and  they  shall  also,  on 
request  of  the  commissioners  of  highways  or  county  superintendent 
of  highways,  as  the  case  may  be,  or  owners  of  lands  whose  damages 
are  to  be  determined,  in  a  body  visit  and  examine  the  proposed  loca- 
tion, alteration,  widening  or  vacation  of  such  road  and  the  lands 
to  be  taken  or  affected  thereby,  and  make  a  written  verdict  specify- 
ing the  amount  of  damages,  if  any,  which  every  such  owner  shall 
recover,  and  return  the  same  to  such  justice,  to  be  by  him  entered 
on  his  docket  in  the  nature  of  a  judgment :  Provided,  that  in  estimat- 
ing the  damages,  except  damages  to  land  actually  taken  for  a  road, 
the  jury  may  consider  the  benefits  conferred;  but  no  benefits  enjoyed 
in  common  by  the  owners  of  surrounding  property  shall  be  con- 
sidered in  estimating  damages. 

§  88.  APPEAL.]  Any  person  or  persons  interested  in  the  verdict  of 
any  jury  in  assessing  damages  in  opening,  altering  or  vacating  any 
road,  may  appeal  from  such  decision  to  the  county  or  circuit  court 
within  ten  days  after  such  decision  has  been  rendered,  by  filing  a 
written  petition  with  the  justice  of  the  peace,  from  whose  decision 
they  desire  to  appeal,  asking  for  an  appeal  and  stating  on  what  grounds 
such  appeal  is  taken. 

§  89.  COSTS  OF  APPEAL — APPEAL  BOND.]  Any  parties  taking  appeal 
from  the  verdict  of  the  jury  as  aforesaid,  shall  file  a  sufficient  bond 
with  the  justice  of  the  peace,  before  taking  such  appeal,  conditioned 
for  the  payment  of  the  costs  of  such  appeal  in  case  the  verdict  of  the 
jury  is  in  all  things  sustained  or  the  appeal  dismissed;  if  the  verdict 


42 

of  the  jury  shall  not  be  sustained,  the  district  shall  pay  the  costs  of 
such  appeal.  When  such  appeal  is  taken  from  the  verdict  of  the  jury 
called  by  the  justice  of  the  peace  to  assess  damages  as  aforesaid, 
and  when  the  commissioners  of  highways  or  county  superintendent, 
as  the  case  may  be,  shall  be  unable  to  agree  with  the  owners  of  lands 
in  regard  to  such  damages,  then  all  proceedings  shall  cease  until  the 
amount  of  damages  is  settled  by  the  county  or  circuit  court  on  appeal 
as  aforesaid. 

§90.  FINAL  ORDER  OF  HIGHWAY  COMMISSIONERS  OR  COUNTY 
SUPERINTENDENT  OF  HIGHWAYS.]  Within  twenty  days  after  the  dam- 
ages likely  to  be  sustained  by  reason  of  the  proposed  laying  out, 
alteration,  widening  or  vacation  of  any  road  shall  have  been  finally 
ascertained,  either  by  agreement  of  the  parties  or  by  trial  in  a  court 
of  the  justice  of  the  peace,  or  on  appeal  to  the  county  or  circuit 
court,  or  within  twenty  days  after  such  damages  may  have  been 
released,  as  aforesaid,  the  commissioners  of  highways  shall  hold  a 
public  hearing  at  which  they  shall  hear  and  consider  reasons  for  or 
against  the  proposed  laying  out,  widening,  alteration  or  vacation  of 
such  road,  and  at  which  time  and  place  they  shall  publicly  announce 
their  final  decision  relative  thereto.  The  commissioner  [s]  of  high- 
ways shall  give  public  notice  of  such  public  hearing  by  posting  notices 
thereof  in  at  least  three  of  the  most  public  places  in  the  town  or  district 
for  at  least  five  days  prior  thereto.  At  such  time  and  place  the  com- 
missioners of  highways  shall  determine  upon  the  advisability  of  such 
proposed  laying  out,  widening,  alteration  or  vacation  of  such  road  and 
shall  make  an  order  for  the  same  and  shall  within  five  days  thereafter 
file  such  order  in  the  office  of  the  town  or  district  clerk. 

§  91.  APPEAL  FROM  FINAL  COMMISSIONERS'  ORDER.]  From  such 
order  of  the^  commissioners  of  highways  finally  determining  the  ad- 
visability of  such  proposed  laying  out,  alteration,  vacation  or  widen- 
ing of  any  road,  any  three  qualified  petitioners  who  may  have  signed 
the  petition  for  such  proposed  laying  out,  alteration,  vacation  or 
widening,  or  any  three  land  owners  residing  in  said  town  within  two 
miles  of  any  portion  of  such  road  proposed  to  be  laid  out,  altered,  va- 
cated or  widened,  or  any  person  interested  therein,  may  appeal  to  the 
county  superintendent  of  highways  by  filing  a  notice  of  such  ap- 
peal in  the  office  of  the  town  or  district  clerk  within  ten  days  of  the 
date  of  filing  the  decision  appealed  from.  Thereupon  such  clerk  shall 
at  once  transmit  all  papers  relating  to  such  proposed  laying  out,  alter- 
ation, vacation  or  widening  of  such  road  to  the  county  superintendent 
of  highways,  who  shall  within  twenty  days  after  the  receipt  of  th< 
same,  hold  a  public  hearing  within  such  town  or  district  to  finally 
determine  upon  the  laying  [upon  the  laying]  out,  vacation,  widening  or 
alteration  of  such  road.  Such  hearing  shall  be  upon  such  notice  and 
conducted  in  like  manner  as  the  hearing  before  the  commissioners 
of  highways  relative  to  such  final  decision  and  from  which  appeal  has 
been  taken.  The  final  order  of  the  county  superintendent  of  highways, 
relative  to  such  proposed  laying  out,  alteration,  widening  or  va- 
cation of  such  roads  shall  be  filed  with  the  town  or  district  clerk 


43 

within  five  days  from  the  date  of  such  public  hearing.  [Amended  by 
Act  approved  June  21,  1917. 

§  92.  EFFECT  OF  FINAL  ORDER.]  In  case  the  commissioners  of  high- 
ways, or  upon  appeal  from  their  decision  the  county  superintendent 
of  highways,  shall  finally  determine  as  aforesaid  against  the  advis- 
ability of  the  proposed  laying  out,  alteration,  widening  or  vacation 
of  such  road,  such  order  shall  have  the  effect  to  annul  and  revoke 
all  proceedings  and  assessments,  releases  and  agreements  in  respect 
to  damages  growing  out  of  the  proceedings  upon  the  petition  afore- 
said. In  case  the  commissioners  or  county  superintendent  shall  not 
revoke  such  prior  proceedings,  he  or  they  shall  make  an  order  to  be 
signed  by  him  or  them,  declaring  such  road  to  be  altered,  widened, 
vacated  or  laid  out  as  a  public  highway  and  which  order  shall  con- 
tain or  have  annexed  thereto  a  definite  description  of  the  line  of 
such  road,  together  with  the  plat  thereof.  The  commissioners  of 
highways  or  county  superintendent,  as  the  case  may  be,  shall  within 
five  days  from  the  date  of  his  final  order,  cause  the  same,  together 
with  the  report  of  the  surveyor,  the  petition  and  the  releases,  agree- 
ments or  assessment  in  respect  to  damages,  to  be  deposited  and  filed 
in  the  office  of  the  town  or  district  clerk;  who  shall  note  upon  such 
order  the  date  of  such  filing.  It  shall  be  the  duty  of  such  clerk  to 
record  such  order,  together  with  the  plat  of  the  surveyor  in  a  proper 
book  to  be  kept  for  that  purpose. 

§  93.  PROCEEDINGS  SUBSEQUENT  TO  FINAL  ORDER.]  After  it  has 
been  finally  determined  that  a  road  shall  be  laid  out,  widened,  altered 
or  vacated,  either  by  the  commissioner  of  highways,  or  upon  appeal, 
by  the  county  superintendent  of  highways,  all  proceedings  subsequent 
thereto  on  behalf  of  the  town  or  district  shall  be  taken  by  the  com- 
missioners of  highways  thereof  as  hereinafter  provided.  And  such 
commissioners  of  highways  in  such  cases  are  hereby  authorized  and 
empowered  to  resort  to  all  necessary  proceedings  not  inconsistent  with 
the  provisions  of  this  Act  to  secure  the  laying  out,  widening,  alteration 
or  vacation  of  any  such  road. 

§  94.  RECORDS  OF  TOWN  OR  DISTRICT  CLERK — EVIDENCE — EFFECT 
OF  SAME.]  The  records  of  the  town  or  district  clerk,  or  a  certified  copy 
of  such  record  and  papers,  relating  to  the  establishment,  location, 
alterations,  widening  or  vacation  of  any  road  shall  be  prima  facie  evi- 
dence in  all  cases  that  all  the  necessary  antecedent  provisions  have 
been  complied  with,  and  that  the  action  of  the  commissioners  or 
other  persons  and  officers,  in  regard  thereto,  was  regular  in  all  respects. 

§  95.  LIMITATIONS  OF  TIME  TO  OPEN.]  All  roads  laid  out  as  herein 
provided  shall  be  opened  within  two  years  from  the  time  of  laying 
out  the  same.  If  the  damages  resulting  from  the  establishing  of 
such  roads  shall  not  be  paid  within  ninety  days  from  the  time  of 
the  final  determination  to  open  the  same  as  aforesaid,  such  new 
roads  shall  be  deemed  to  be  vacated. 

§  96.  REMOVAL  OF  FENCES — NOTICE.]  Whenever  a  public  road  is 
ordered  to  be  established  or  altered,  according  to  the  provisions  of 
this  Act,  which  road  shall  pass  through  or  on  enclosed  land,  the 


44 

commissioners  of  highways  shall  give  the  owner  or  occupant  of  such 
land  sixty  days  notice  in  writing,  to  remove  the  fences.  If  such  owner 
or  occupant  does  not  remove  the  fence  or  fences  within  sixty  days 
after  such  notice,  the  commissioners  shall  have  the  same  removed,  and 
direct  the  road  to  be  opened  and  worked ;  the  owner  of  such  premises 
shall  pay  all  necessary  costs  of  the  removal,  and  the  same  may  be 
recovered  by  the  commissioners  of  highways  in  any  court  of  competent 
jurisdiction. 

§  97.  CROPS — REMOVAL  OF.]  When  any  road  opened  according  to 
the  provisions  of  this  subdivision  shall  pass  over  enclosed  lands,  the 
owners  of  such  lands  shall  have  a  reasonable  time,  not  exceeding 
eight  months,  to  be  designated  by  the  commissioners  of  highways 
to  harvest  crops  and  remove  fences  which  may  be  on  such  lands  before 
such  road  or  cartway  shall  be  opened. 

§  98.  PRIVATE  ROADS.]  Roads  for  private  and  public  use  of  the 
width  of  three  rods  or  less,  may  be  laid  out  from  one  dwelling  or 
plantation  of  an  individual  to  any  public  road,  or  from  one  public 
road  to  another,  or  from  a  lot  of  land  to  a  public  road,  or  from  a 
lot  of  land  to  a  public  waterway,  on  petition  to  the  commissioners 
by  any  person  directly  interested.  Upon  receiving- such  petition,  pro- 
ceedings shall  be  had  respecting  the  laying  out  of  such  road  as  in 
the  case  of  public  roads.  In  case  the  commissioners  of  highways 
or  upon  appeal,  the  county  superintendent  of  highways  shall  enter 
a  preliminary  order  for  the  laying  out  of  such  road,  the  said  highway 
officer  or  .officers  making  such  preliminary  order  shall,  if  possible, 
and  the  parties  are  competent  to  contract,  agree  upon  the  total  amount 
of  damages,  together  with  the  portion  thereof  to  be  paid  by  the  town 
or  district,  as  well  as  by  each  of  the  land  owners  benefited  by  such 
private  road.  In  case  such  damages  cannot  be  determined  or  appor- 
tioned by  agreement,  the  same  shall  be  fixed  as  in  the  case  of  public 
roads.  The  amount  of  such  damages"  shall  be  paid  by  the  persons 
benefited  thereby,  to  the  extent  and  in  proportion  that  they  are  bene- 
fited as  determined  and  declared  by  the  court.  The  remainder  of  the 
amount  of  damages,  over  and  above  that  to  be  paid  by  the  parties 
aforesaid,  shall  be  paid  by  the  town  or  district  as  in  other  cases.  The 
amount  of  damages  to  be  paid  by  individuals  shall  be  paid  to  the  parties 
entitled  thereto,  before  the  road  shall  be  opened  for  use.  In  all  other 
respects  the  provisions  of  this  Act  relative  to  the  opening,  vacation, 
alteration  or  widening  of  public  roads  shall  be  applicable  also  to  the 
laying  out,  alteration,  widening  or  vacation  of  private  roads. 

§  99.  ROADS  ON  TOWN  OR  DISTRICT  AND  COUNTY  LINES,  ETC.]  Pub- 
lic roads  may  be  established,  altered,  widened  or  vacated  on  county  or 
township  or  districts  lines,  or  from  one  township  or  district  to  another, 
and  in  case  a  railroad  right  of  way  or  stream  of  water  joins  the 
boundary  line  of  such  county  line,  then  along  the  line  of  such  railroad 
right  of  way  or  stream  of  water,  in  the  same  manner  as  other  public 
roads,  except  that  in  such  cases,  a  copy  of  the  petition  shall  be  posted 
up  in  and  presented  to  the  commissioners  of  each  town  or  district 
interested ;  said  petition  to  be  as  in  other  cases,  and  signed  by  not  less 


45 

than  twelve,  or  two-thirds  of  the  owners  of  land  residing  thereon,  in 
either  township  or  district  or  county  within  two  miles  of  the  road  to  be 
so  altered,  widened,  vacated,  located  or  laid  out.  Whereupon  it  shall 
be  the  duty  of  the  commissioners  of  the  several  towns  or  districts  to 
meet  and  act  together,  in  the  same  time  and  manner  as  in  other  cases, 
in  considering  the  petition,  viewing  the  premises,  adjusting  damages,, 
and  making  all  orders  in  reference  to  such  proposed  road,  alteration, 
widening  or  vacation,  and  a  copy  of  all  final  orders  and  plats  and 
papers  shall  be  filed  and  recorded  in  each  of  the  counties  and  towns  or 
districts  interested.  In  case  the  said  commissioners  are  unable  to  agree, 
the  county  superintendent  of  highways  shall  act  as  arbitrator  between 
them  in  case  the  towns  or  districts  shall  lie  within  the  same  county,  and 
if  in  different  counties  the  State  Highway  Commission  or  any  person 
designated  by  him,  shall  so  act.  All  appeals  hereinbefore  provided  for 
may  likewise  to  be  taken  to  the  county  superintendent  of  highways,  or 
in  case  the  towns  or  districts  shall  lie  in  two  or  more  counties,  to  the 
State  Highway  Commission. 

§  100.  COMMISSIONERS  TO  ALLOT  ALL  OR  PART  OF  ROAD  TO  EACH 
TOWN  OR  DISTRICT ALSO  TO  DIVIDE  DAMAGES  AND  EXPENSES ARBITRA- 
TION.] The  commissioners  shall  also,  in  case  a  new  road  is  established, 
allot  to  each  of  such  towns  or  districts  the  part  of  such  road  which 
each  of  such  towns  or  districts  shall  open  and  keep  in  repair,  and  the 
part  so  allotted  shall  be  considered  as  wholly  belonging  to  such  town 
or  district.  They  shall  also  divide  the  expenses  and  damages  which 
may  accrue  from  such  location,  widening  or  alteration,  and  if  they 
cannot  agree,  they  shall  refer  the  matter  to  the  county  superintendent 
of  highways  or  in  case  the  towns  or  districts  shall  lie  in  two  or  more 
counties,  to  the  State  Highway  Commission,  whose  decision  shall  be 
final. 

§  101.    ROADS    HERETOFORE    LAID    OUT    ON    COUNTY    OR   DISTRICT    OR 

TOWN  LINES.]  All  roads  heretofore  or  hereafter  laid  out  upon  town  or 
district  or  county  lines  shall  be  divided,  allotted  and  kept  in  repair  in 
the  manner  as  hereinbefore  directed.  Any  public  road  that  is  or  shall 
be  laid  out  on  any  county  or  town  or  district  line,  and  in  case  a  railroad 
right  of  way  or  stream  of  water  forms  the  boundary  line  of  town  or 
district  or  county,  or  crowds  the  public  road  off  from  such  town  or 
district  or  county,  then  the  road  alongside  such  railroad  right  of  way 
or  stream  of  water,  shall  be  held  to  be  a  road  on  a  county  or  town  or 
district  line,  although  owing  to  the  topography  of  the  ground  along  such 
county  or  town  or  district  line,  or  at  the  crossing  of  any  stream  of  water 
the  proper  authorities  in  establishing  or  locating  such  road  may  have 
located  a  portion  of  the  same  to  one  side  of  such  county  or  district  or 
town  line  or  railroad  right  of  way,  or  stream  of  water,  and  the  expenses 
of  keeping  in  repair  such  road  shall  be  assessed  by  each  town  or  district 
or  county  interested. 

§  102.  STATE  LINE  ROADS.]  Roads  may  be  laid  out  and  opened 
upon  the  line  between  this  and  any  adjoining  state,  as  provided  in  the 
preceding  sections,  whenever  the  laws  of  such  adjoining  state  shall  be 
applicable. 


46 

§103.  WHERE  ROAD  PROPOSED  ACROSS  OR  ALONGSIDE  RAILROAD — 
NOTICE.]  In  addition  to  the  notices  now  required  by  law  in  proceedings 
for  laying  out,  locating  or  opening  of  public  roads,  similar  notices  shall 
be  served  on  any  railroad  company  across  or  alongside  of  whose  rail- 
road it  may  be  proposed  to  locate  a  public  road :  Provided,  that  this 
Act  shall  not  apply  to  the  proceedings  for  opening  streets  in  towns  or 
cities. 

§  104.  NOTICES  ON  RAILROAD  COMPANIES — HOW  SERVED.]  The 
notices  as  provided  by  this  Act  shall  be  served  by  delivering  a  copy 
thereof  to  the  station  agent  of  any  such  railroad  company  nearest  to 
the  proposed  location  of  such  projected  public  roads. 

§  104a.  REGISTRATION  OF  ROUTES.]  Any  association  organized  to 
promote  the  improvement  of  highways  may,  upon  application  to  the 
Department  of  Public  Works  and  Buildings,  have  registered  in  the 
office  of  the  department,  the  name,  detailed  route,  -color  combination 
and  design  used  in  marking  any  route  laid  out  by  such  association. 
The  board  of  highway  advisors  shall  have  power  to  determine  priority 
of  right  in  the  use  of  any  such  name,  color  combination  and  designs. 

The  application  for  such  registration  shall  be  in  the  form  pre- 
scribed by  the  Department  of  Public  Works  and  Buildings  and  shall  be 
properly  acknowledged  by  the  president  and  secretary  of  the  association 
before  a  notary  public  or  other  officer  authorized  to  take  acknowledg- 
ment of  deeds.  Such  application  shall  be  accompanied  by  a  registra- 
tion fee  of  five  dollars  ($5.00),  which  fee  shall  be  returned  to  the 
association,  if  the  application  be  not  granted. 

If  the  department  shall,  after  investigation,  adjudge  the  application 
meritorious  and  the  route  to  be  worthy  of  the  protection  of  this  Act,  it 
shall  issue  to  the  association  a  certificate,  which  shall  designate  in  detail 
the  name,  the  starting  and  the  terminal  point,  the  color  combination 
and  designs  used  in  marking  the  route^  all  of  which  facts  shall  be 
recorded  as  a  part  of  the  permanent  records  of  the  department,  in  a 
book  to  be  kept  for  that  purpose. 

It  shall  be  unlawful  for  any  person  or  association  of  persons  other 
than  those  granted  the  privilege,  as  provided  herein,  to  use  for  similar 
purposes,  the  name  or  any  recorded  color  combination  or  design  so 
registered. 

Any  person  who  shall  injure  or  deface  any  sign  board,  design  or 
other  markings  designating  routes  so  registered,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  less  than  five  dol- 
lars ($5.00)  nor  more  than  one  hundred  dollars  ($100). 

When  any  such  highway  association  ceases  to  exist,  or  when  the 
interest  in  the  route  name  and  markings  has  ceased,  the  Department 
of  Public  Works  and  Buildings  may,  after  proper  investigation,  cancel 
the  records  and  registration  of  any  such  registered  route  and  reassign 
the  name,  color  combination,  designs  or  other  markings  to  any  other 
association  making  application  for  their  use,  as  provided  herein. 

Any  person  or  officer  of  any  association  violating  any  of  the  pro- 
visions of  this  Act,  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction thereof,  may  be  fined  not  less  than  five  dollars  ($5.00)  nor  more 


47 

than  one  hundred  dollars  ($100.00).  [Amended  by  Act  approved 
June  25,  1917. 

SUBDIVISION  VII. 
Repair  and  Maintenance  of  Roads  and  Bridges. 

§  105.    HOW    ROADS    TO    BE    GRADED WALK PEMALTY    FOR   DRIVING 

ON  CROSSINGS.]  In  grading  roads,  wherever  practicable,  it  shall  be  done 
so  as  to  leave  not  less  than  one-tenth  of  the  width  of  the  road  on 
each  side  for  a  sidewalk;  and  the  space  between  these  points  shall 
be  made  a  regular  oval  grade  so  that  the  entire  space  can  be  used 
for  traveling  purposes ;  and  it  shall  be  unlawful  to  ride  or  drive  on 
such  walk;  and  any  person  so  offending  shall  be  subject  to  a  fine  of 
$1.00  for  each  offense.  Grading  shall  be  done  before  the  1st  of  Sep- 
tember in  each  year.  Corner  stones  marking  sectional  or  other 
corners  shall  not  be  disturbed,  except  to  so  grade  the  road  that 
these,  if  in  the  line  of  travel  shall  not  rise  above  the  surface,  and 
corner  stakes  shall  be  replaced  by  good  and  substantial  stones.  In 
grading  public  roads,  if  a  ditch  is  made  at  the  junction  of  roads,  or 
at  the  entrance  of  gates  or  other  openings  of  adjoining  premises, 
the  road  authorities  shall  construct  good  and  sufficient  culverts,  or 
other  convenient  crossings. 

§  106.    SlDEWAIKS  IN   UNINCORPORATED  VILLAGES.]     Highway  COm- 

missioners  are  hereby  authorized  to  build  sidewalks  in  unincor- 
porated villages  out  of  any  delinquent  road  tax  belonging  to  the 
town  or  road  district  in  which  such  village  is  located. 

§  107.  ROAD  DRAGS — AUTHORITY  AND  USE.]  (A)  The  commission- 
ers or  commissioner  of  highways  of  their  respective  townships  or 
district  in  the  several  counties  of  this  State  are  hereby  authorized 
to  have  earth  roads  dragged  at  all  seasons  of  the  year  whenever  the 
surface  of  the  roads  become  rough  so  they  will  not  properly  shed 
the  water  which  falls  upon  them. 

It  shall  be  the  duty  of  the  commissioners  or  commissioner  of 
highways  to  designate  from  time  to  time  what  roads  in  the  town- 
ship or  district  shall  be  dragged.  He  shall  cause  the  work  to  be 
done  by  giving  the  parties  contracted  with  for  the  performance  of 
such  services  such  notice  as  shall  be  deemed  sufficient;  he  shall  on 
or  before  the  15th  day  of  September  in  each  year  contract  with  as 
many  suitable  persons  as  he  deems  necessary  to  drag  the  roads  in 
the  township  or  district  for  that  year,  but  shall  not  apportion  the 
dragging  of  more  than  six  miles  of  road  to  any  one  person.  The 
commissioners  or  commissioner  of  highways  may  at  any  time  can- 
cel such  contract  or  contracts  for  dragging  the  roads  when  the 
stipulations  herein  contained  have  not  been  properly  complied  with 
or  when  the  work  is  not  done  in  a  satisfactory  manner:  Provided, 
however,  that  in  making  contracts  for  road  dragging  such  contracts 
shall  not  be  let  for  a  sum  exceeding  one  dollar  ($1.00)  per  mile  for 
each  time  dragged :  Provided,  further,  that  the  width  required  to  be 
dragged  shall  be  not  less  than  14  feet,  if  the  width  of  the  roadway 
will  permit. 


48 

(B)  OBSTRUCTING  DRAINAGE.]   It  shall  be  unlawful  for  any  per- 
son or  persons  to  place  loose  earth,  weeds,  sods,  or  other  vegetable 
matter  on  the  portion  of  a  road  which  has  been  dragged  and  so 
maintained  in  good  condition,  or  to  place  any  material  in  such  a 
manner  as  to  interfere  with  the  free  flow  of  water  from  the  dragged 
portion  of  the  road  to  the  side  gutters  or  ditches :    Provided,  that  this 
restriction  shall  not  apply  to  deposits  of  earth  or  other  material 
that  may  be  made  by  the  authority  of  the  proper  road  officials,  if 
necessary  for  filing  or  raising  the  elevation  of  a  given  section  of 
road  or  other  necessary  construction  work. 

(C)  TRAVEL  REGULATED.]   It  shall  also  be  unlawful  for  any  per- 
son or  persons  to  drive  or  cause  to  be  driven  a  vehicle  of  any 
description  in  or  upon  any  portion  of  the  highway  immediately 
after  the  same  has  been  dragged  and  before  such  portion  of  the 
highway  shall  have  partially  dried  out  or   frozen:     Provided,  that 
nothing  in  this  section  shall  apply  in  those  instances  where  it  is 
impossible  to  drive  with  safety  at  one  side  of  said  dragged  portion 
of  the  road,  or  where  a  vehicle  does  not  make  a  rut  on  such  dragged 
portion  of  the  road,  injurious  to  the  work  accomplished  by  use  of 
the  road  drag  or  where  a  vehicle  does  not  ma"ke  a  rut  nearer  than 
nine  (9)  feet  from  the  center  of  the  dragged  portion  of  the  road. 

(D)  Any  violation  of  any  of  the  provisions  of  this  section  by 
the  commissioners  or  commissioner  of  highways  or  any  person  or 
persons  who  may  be  required  under  contract  to  drag  district  roads 
or  neglect  on  the  part  of  any  township  clerk  to  set  aside  the  funds 
required  "by  section  62  of  this  Act  shall,  on  conviction  thereof,  sub- 
ject the  offender  to  be  fined  not  less  than  ten  dollars  ($10.00)  nor 
more  than  twenty-five   ($25.00)  for  the  first  offense,  and  for  each 
subsequent  offense  shall  be  fined  not  less  than  twenty-five  dollars 
($25,00)  nor  more  than  fifty  dollars   ($50.00).     [Amended  by  Act 
approved  June  28,  1915. 

SUBDIVISION  VHI. 

Gravel,  Rock  and-Macaddm — Hard  Roads. 

§  108.  PETITION  FOR  ROAD — NOTICE— ELECTION — VOTE — RATE  PER 
CENT.]  On  the  petition  of  twenty-five  per  cent  of  the  land  owners 
who  are  legal  voters  of  any  township  to  the  town  clerk  thereof  in 
counties  under  township  organization  or  road  districts  in  counties 
not  under  township  organization,  to  the  district  clerk  hef  shall,  when 
giving  notice  of  the  time  and  place  for  holding  the  next  annual  town 
meeting  or  road  district  election,  also  give  notice  that  a  vote  will  be 
taken  at  said  election  or  'meeting  for  or  against  an  annual  tax  not  to 
exceed  one  dollar  on  each  one  hundred  dollars  assessed  valuation 
of  all  the  taxable  property,  including  railroads,  in  the  township  or  road 
district,  for  the  purpose  of  constructing  and  maintaining  gravel,  rock 
macadam,  or  other  hard  roads,  or  for  improving,  maintaining  or  re- 
pairing 'earth  roads  by  draining,  grading,  oil-treating  or  dragging. 
Said  petition  shall  state  the  location  and  route  of  the  proposed  road 
or  roads,  and  shall  also  state  the  annual  rate  per  cent  not  exceeding 
one  dollar  on  each  one  hundred  dollars  and  the  number  of  years  not 


49 

exceeding  five,  -for  which  said  tax  shall  be  levied.  If  in  any  such 
petition  a  special  election  shall  be  requested  for  such  purposes  it 
shall  be  called  in  the  manner  provided  for  calling  special  elections  in 
section  112  of  this  Act.  [Amended  by  Act  approved  June  27,  1917. 
§  109.  BALLOTS.]  The  ballots  at  said  election  shall  be  substantially 
in  the  following  form: 


Shall  a  special  tax  for  road  purposes  be  levied  ? 

Yes 

No 

[Amended  by  Act  approved  June  27,  1917. 

§  110.  DUTY  OF  COMMISSIONERS — TAX  DONATIONS.]  If  a  majority 
of  all  the  ballots  cast  at  said  election  on  said  proposition  shall  be  in 
favor  of  said  special  tax,  then  it  shall  be  the  duty  of  the  commis- 
sioner of  highways  of  the  township  or  road  district  to  levy  an  annual 
tax  in  accordance  with  said  vote  and  certify  the  same  to  the  county 
clerk.  He  shall  also  cause  a  copy  of  such  certificate  of  levy  to  be  filed 
in  the  office  of  the  town  or  district  clerk  as  provided  in  section  57  of  this 
Act.  The  county  clerks  shall  cause  such  levy,  thus  certified  to  him  to 
be  extended  on  the  tax  books  for  the  current  year  and  for  each  suc- 
ceeding year,  as  'stated  in  the  certificate  so  filed  with  him :  Provided, 
that  the  length  of  time  for  which  the  special  tax  levy  shall  continue 
shall  not  exceed  five  years.  The  commissioner  may  also  receive  dona- 
tions in  money,  labor,  materials  or  other  valuable  things,  to  aid  in  the 
construction  of  said  road. 

§  111.  LEVY  AND  COLLECTION  OF  TAX.]  The  county  clerk,  when 
making  out  the  tax  books  for  the  State  and  county  tax  for  the  col- 
lector, shall  in  each  year  for  the  number  of  years  stated  in  such 
certificate  extend  the  special  tax  in  separate  columns  against  each 
taxpayer's  name  or  taxable  property,  as  other  taxes  are  extended, 
which  shall  be  collected  the  same  as  State  and  county  taxes,  and 
known  as  the  permanent  road  fund. 

,§  112.  BORROWING  MONEY.]  On  the  petition  of  the  single  com- 
missioner of  highways  or  of  the  commissioners  of  highways,  in  his 
or  their  official  capacity,  and  of  one  hundred  of  the  free  holders  of  any 
town  or  district  (or  where  there  may  be  less  than  two  hundred  such 
free  holders,  then  a  majority  of  them,)  to  the  town  or  district  clerk 
requesting  him,  when  giving  notice  of  the  time  and  place  for  holding 
the  next  annual  town  or  road  district  election,  to  give  notice  also  that 
a  vote  will  be  taken  at  said  election  on  the  question,  "Shall  bonds  for 

road  purposes  be  issued  to  the  amount  of  $ ?"  such  clerk  shall, 

when  giving  notice  of  the  time  and  place  for  holding  the  next  annual 
town  or  road  district  election,  also  give  notice  that  a  vote  will  be  taken 
at  said  election  on  said  question,  "Shall  bonds  for  road  purposes  be 
issued  to  the  amount  of  $ ?" 


50 

If  in  any  such  petition  a  special  election  shall  be  requested  for 
such  purpose,  it  shall  be  called  as  follows : 

Upon  the  riling  of  such  petition  the  town  or  district  clerk  shall 
call  such  special  town  or  district  election,  by  posting  up  in  ten  of  the 
most  public  places  in  said  town  or  district,  at  least  ten  days  prior  to  the 
day  fixed  for  said  special  town  or  district  election,  notices  of  such 
special  town  or  district  election,  which  notices  shall  state  .the  filing  of 
said  petition,  the  time  and  place  of  said  special  election,  and  that  a  vote 
will  be  taken  at  said  election  on  the  question,  "Shall  bonds  for  road  pur- 
poses be  issued  to  the  amount  of  $ ?" 

Such  special  election  shall  be  held  at  the  place  of  the  last  annual 
town  or  district  election  and  shall  be  conducted  and  returns  thereof  be 
made  in  the  same  manner  as  regular  annual  town  or  road  district 
elections. 

The  vote  at  such  regular  or  special  election  shall  invariably  be  by  a 
separate  ballot  and  shall  be  in  substantially  the  following  form : 


Shall  bonds  for  road  purposes  be  issued  to 

Yes 

the  amount  of  $                 ^ 

No 

And  if  it  shall  appear  that  a  majority  of  the  legal  voters  voting  at 
said  election  on  said  question  voted  in  favor  of  said  proposition,  the 
commissioners  of  highways  and  the  town  or  district  clerk,  as  the  case 
may  be,  shall  issue  (from  time  to  time  as  the  work  progresses)  a 
sufficient  amount,  in  the  aggregate,  of  the  bonds  of  said  town  or  dis- 
trict for  the  purpose  of  building  or  maintaining  roads,  or  for  the 
purpose  of  constructing  or  repairing  any  bridge  or  bridges,  or  for  the 
purpose  of  constructing  or  repairing  any  other  distinctive  work  on 
the  road,  as  the  case  may  be,4n  accordance  with  the  prayer  of  said 
petition.  Said  fronds  shall  be  oi  such  denominations,  upon  such  time 
and  bear  such  rate  of  interest,  not  exceeding  five  per  cent,  and  be  dis- 
posed of,  as  the  necessities  and  convenience  of  said  town  or  district 
may  require :  Provided,  that  said  bonds  shall  not  be  sold  nor  disposed 
of,  either  by  sale  or  by  payment  to  contractors  for  labor  or  materials, 
for  less  than  their  par  value,  and  that  such  bonds  shall  be  issued  in  not 
more  than  ten  annual  series,  the  first  series  of  which  shall  mature  not 
more  than  five  years  from  the  date  thereof,  and  each  succeeding  series 
in  succeeding  years  thereafter.  A  register  of  all  issues  of  said  bonds 
shall  be  kept  in  the  office  of  the  county  clerk  of  the  county  in  which 
said  town  or  district  is  located,  showing  the  date,  amount,  rate  of 
interest,  maturity,  and  the  purpose  for  which  said  bonds  were  issued, 
which  information  shall  be  furnished  to  the  county  clerk  in  writing, 
by  the  town  or  district  clerk,  and  it  shall  be  the  duty  of  such  county 
clerk  to  extend  annually  against  the  property  in  said  town  or  road 
district,  a  tax  sufficient  to  pay  the  interest  of  said  bonds  in  each  year 


;  61 

Drier  to  the  maturity  of  such  first  series,  and  thereafter  he  shall  extend 
a  tax  in  each  year  sufficient  to  pay  each  series  as  it  matures,  together 
with  interest  thereon  and  with  the  interest  upon  the  unmatured  bonds 
outstanding.  Such  bonds  may  be  lithographed  and  the  interest  for 
each  year  evidenced  by  interest  coupons  thereto  attached,  which  coupons 
shall  be  signed  with  original  or  fac-simile  signatures  by  the  same 
officers  who  executed  the  bonds :  Provided,  however,  that  the  amount, 
including  the  principal  and  interest  to  be  voted  upon,  shall  not  exceed 
the  amount  which  can  be  raised  during  a  period  of  five  years  by  a 
levy  of  one  dollar  per  year  on  each  one  hundred  dollars  of  taxable 
property,  as  taken  for  assessment  purposes  in  such  town  or  district  ; 
the  proceeds  of  said  bonds  to  be  paid  to  the  treasurer  .of  such  funds  and 
to  be  disbursed  by  him  upon  the  order  of  the  commissioners  of  high- 
ways. [Amended  by  Act  approved  June  27,  1917. 

§  113.  DUTY  OF  TREASURER.]  The  treasurer  of  the  road  and  bridge 
funds  of  any  town  or  district  before  receiving  any  of  said  fund  herein 
provided  for,  shall  execute  a  good  and  sufficient  bond,  with  two  or 
more  sureties,  to  be  filed  with  the  town  clerk  or  district  clerk,  as  the 
case  may  be,  for  the  benefit  of  the  town  or  district,  in  double  the 
amount  which  will  probably  come  into  his  hands  by  virtue  of  this 
subdivision  of  this  Act. 

§  114.  TAX  COLLECTOR — DUTY — COMMISSION.]  The  tax,  when  col- 
lected, shall  be  paid  to  said  treasurer  as  fast  as  collected,  except  such 
rate  per  cent  as  shall  be  allowed  for  collecting  the  same,  and  said  tax 
shall  be  known  and  kept  as  the  permanent  road  fund.  The  treasurer 
shall  be  allowed  one  per  cent  on  all  of  said  fund  that  comes  into  his 
hands. 

§  115.  SURVEYS,  ESTIMATES,  ETC.]  Whenever  it  shall  be  voted  to 
construct  gravel,  rock,  macadam  or  other  hard  roads  or  to  improve 
dirt  or  earth  roads  and  to  oil  treat  the  same  or  to  oil  treat  the  roads 
in  any  township  or  district  it  shall  be  the  duty  of  the  county  superin- 
tendent of  highways  of  the  county  in  which  said  township  so  voting  is 
located  to  at  once  survey  (or  cause  to  be  surveyed)  the  route  of  the 
road  thus  to  be  improved  and  to  prepare  suitable  maps,  plans,  specifi- 
cations, and  estimates  of  the  cost  of  the  proposed  improvement.  The 
county  superintendent  of  highways  shall  divide  the  same  into  convenient 
sections,  each  of  which  shall  be  numbered.  The  county  superintendent 
of  highways,  upon  the  completion  of  said  maps,  plans,  specifications 
and  estimates,  shall  file  one  copy  of  the  same  with  the  town  or  district 
clerk  of  the  township  wherein  the  proposed  road  is  to  be  constructed 
and  one  copy  with  the  commissioners  of  highways  of  said  township, 
and  in  case  of  State  aid  road  construction  or  improvement  the  county 
superintendent  of  highways  shall  also  file  copies  of  such  maps,  plans, 
specifications  and  estimates  with  the  State  Highway  Commissioners. 
[Amended  by  Act  approved  June  25,  1915. 

§  116.  PLANS — BIDS — NOTICE.]  When  the  plans  and  specifications 
are  completed,  the  commissioners  shall  advertise  for  sealed  bids  for 
said  work,  by  publishing  a  notice  thereof  for  at  least  three  weeks  in 
some  newspaper  published  in  said  township  or  road  district.  If  there 


52 

is  no  newspaper  published  therein,  then  in  the  newspaper  published 
nearest  said  township  or  road  district,  and  also  by  posting  notices  in  at 
least  ten  of  the  most  public  places  in  said  town  or  road  district. 

§  117.  PLANS  AND  SPECIFICATIONS — WHAT  TO  CONTAIN.]  The 
plans  and  specifications  shall  provide  for  the  grading  of  a  roadbed  of 
not  less  than  20  feet  in  width  on  the  surface,  and  so  constructed  as  to 
drain  freely  to  the  sides  and  with  all  necessary  side  and  lateral  ditches 
and  tile  drains,  bridges,  and  culverts,  and  a  track  laid  with  gravel,  rock, 
macadam,  or  other  hard  and  durable  substance,  not  less  than  seven  nor 
more  than  sixteen  feet  in  width,  and  if  constructed  of  gravel  or  broken 
stone,  not  less  than  ten  inches  thick  in  the  center,  and  eight  inches  thick 
on  the  edges :  Provided,  however,  this  section  shall  be  considered  as 
directory  only,  and  shall  not  prohibit  the  making  of  roads  of  different 
width  or  thickness,  in  the  discretion  of  the  commissioners. 

§  118.  COMMISSIONERS — OPENING  BIDS — FAILURE  TO  GIVE  BOND.] 
The  commisisoners  shall  appear  at  the  time  and  place  appointed,  for 
the  purpose  of  opening  the  bids  and  shall  proceed  to  let  the  contract 
publicly  to  the  lowest  responsible  bidder  or  bidders  by  sections,  with 
proper  specifications  of  the  various  kind  of  labor  or  material  on  each 
section,  and  bidders  shall  be  required  to  separately  state  their  bids  for 
each  class  of  work  in  such  manner  as  the  commisisoners  may  provide, 
and  each  contractor  shall  be  required  to  give  bond  with  good  and  suf- 
ficient sureties  for  the  performance  of  his  contract,  payable  to  the  com- 
missioners for  the  use  and  benefit  of  the  town  or  district  with  the 
necessary  specifications  and  stipulations  on  the  part  of  the  contractor 
entered  therein :  Provided,  however,  no  contract  in  excess  of  the  sum 
of  two  hundred  dollars  ($200.00)  shall  be  let  by  the  commissioners  of 
highways  in  any  town  or  district  without  the  approval  of  the  county 
superintendent  of  highways.  No  commissioners  shall  be  interested 
either  directly  or  indirectly  in  any  contract  relating  in  any  manner  to 
said  road. 

§  119.  MAY  REJECT  BIDS.]  If  the  commissioners  of  highways  shall 
be  of  the  opinion  that  the  bids  afe  too  high,  they  may  reject  the  same. 
No  contract  shall  be  deemed  as  let  unless  the  contractor  shall,  within 
ten  days  after  the  letting,  enter  into  contract  and  file  a  bond  with  two 
good  and  sufficient  sureties  with  the  commissioners,  ,in  the  penal  sum 
of  double  the  amount  of  the  contract,  payable  to  the  commissioners  of 
highways  upon  the  failure  to  comply  with  the  conditions'of  his  or  their 
contract. 

§  120.  ESTIMATE — PAYMENT  OF  CONTRACTOR.]  The  county  super- 
intendent of  highways  shall  make  estimates  of  the  work  done,  and 
certify  the  same  to  the  commissioners  of  highways  of  said  township, 
not  oftener  than  once  in  thirty  days,  as  may  have  been  provided  in 
the  contracts,  and  the  said  commissioners  of  highways  shall  then  issue 
an  order  on  the  treasurer  in  favor  of  the  contractor,  reserving  not 
less  than  20  per  cent  of  said  estimates,  to  guarantee  the  completion 
of  the  contract.  Upon  the  completion  of  the  contract  the  commis- 
sioners and  the  county  superintendent  of  highways  shall  make  a 
thorough  and  complete  examination  and  estimate  of  said  work,  and, 


if  found  in  accordance  with  the  specifications  of  the  contract,  the  com- 
missioners, upon  the  certificate  of  the  county  superintendent  of  high- 
ways, shall  issue  his  order  on  the  treasurer  for  the  full  amount  due 
the  contractor. 

§  121.  RECORD — REPORT — SETTLEMENT.]  The  commissioners  shall 
keep  a  full  and  accurate  record  of  all  their  proceedings  under  this 
Act,  and  shall,  upon  the  completion  of  the  road,  file  with  the  town 
or  district  clerk  all  records,  papers,  plans,  plats,  estimates,  specifica- 
tions and  contracts,  and  shall  make  a  full  report  to,  and  settlement 
with  the  board  of  town  auditors  or  district  clerk  as  provided  in  section 
50  of  this  Act.  If  the  commissioners  fail  to  make  such  settlement,  the 
supervisor  or  board  of  county  commissioners  shall  cause  an  action  to 
be  instituted  against  them  in  the  corporate  name  of  the  township  or 
road  district  to  enforce  such  settlement. 

§  122.  CONSTRUCTION  OF  ROAD — MATERIAL.]  The  commissioners 
and  the  county  superintendent  of  highways  may,  in  their  discretion, 
cause  the  road  to  be  constructed  wholly  of  earth,  and  by  a  thorough 
system  of  tile  and  other  drainage,  when  .gravel,  stone  and  other  suitable 
hard  materials  can  not  be  obtained  at  a  cost  within  the  means  in  the 
hands  of  the  commissioners  or  oil  treat  earth  roads.  [Amended  by  Act 
approved  June  25,  1915. 

§  123.  COMMISSIONERS  MAY  TAKE  MATERIALS.]  The  commission- 
ers, for  the  purpose  of  constructing,  maintaining  or  repairing  gravel, 
rock,  macadam  or  other  hard  roads,  as  provided  in  this  subdivision 
and  for  procuring  materials  therefor,  may  enter  upon  lands  of  others, 
doing  no  more  damage  than  the  necessity  of  the  case  may  require,  and 
take  therefrom  such  material  as  is  necessary  for  the  construction  and 
repairing  of  said  roads :  Provided,  that  the  commissioners  of  highways, 
their  employees,  or  teams,  shall  not  enter  upon  such  lands  for  the 
purpose  in  this  section  stated,  without  having  paid  or  tendered  the 
amount  of  damage  allowed  or  agreed  upon :  Provided,  that  the  com- 
missioners and  the  party  or  parties  owning  or  controlling  the  lands  to 
be  entered  upon,  or  from  which  material  is  to  be  taken,  cannot  agree 
as  to  the  amount  of  damage  or  value  of  material,  that  the  amount  of 
damage  shall  be  determined  as  provided  for  in  the  law  for  exercising 
the  right  of  eminent  domain. 

§  124.  COMPENSATION  OF  COMMISSIONERS  AND  EMPLOYEES.]  The 
commissioners  shall  receive  the  same  compensation  for  their  services 
under  this  subdivision  of  this  Act  as  for  services  under  the  common 
road  law:  Provided,  however,  they  shall  not  receive  benefit  for: both 
kinds  of  service  on  the*  same  day.  The  assistants  or  employees  shall 
receive  such  reasonable  compensation  as  may  be  agreed  upon.  The 
commissioners  shall  be  paid  out  of  the  road  and  bridge  fund  of  the 
town  or  district.  The  other  employees  shall  be  paid  by  the  commis- 
sioners out  of  the  permanent  road  and  bridge  fund  and  none  other. 

§  125.  EXTENSION  OF  ROAD  WITHIN  CITY  OR  VILLAGE.]  Whenever 
a  special  tax  shall  have  been  levied  under  the  provisions  of  this  sub- 
division of  this  Act,  the  commissioners  of  highways  of  any  town  or 
district  may,  by  agreement  with  the  city  council  or  board  of  trustees  of 


54 

any  city  or  village  of  less  than  10,000  population,  extend  any  road 
improved  under  the  provisions  of  this  subdivision  within  or  through 
the  corporate  limits  of  such  city  or  village :  Provided,  such  extension 
within  such  city  or  village  shall  be  of  the  same  cost  and  kind  of  material 
as  the  road  outside  such  city  or  village,  to  be  paid  for  out  of  said  special 
tax  and  after  completion  to  be  maintained  by  the  municipal  authorities 
of  such  city  or  village  at  the  cost  of  such  city  or  village. 

§  126.  POWERS  OF  COUNTY  BOARD.]  The  several  county  boards  of 
counties  in  this  State  are  hereby  vested  with  the  same  powers  for  con- 
structing, repairing  and  maintaining  roads  in  their  respective  counties, 
as  the  commissioners  of  highways,  acting  severally  or  together,  with 
the  several  county  superintendents  of  highways,  according  to  the  pro- 
visions of  this  Act.  The  county  board  of  any  county  may  also  assist 
any  town  or  road  district  in  such  county  in  the  construction  of  roads, 
under  the  provisions  of  this  Act,  to  the  extent  of  twenty-five  per  cent 
of  the  cost  thereof:  Provided,  however,  that  the  question  of  raising 
a  special  road  tax  or  of  issuing  bonds  for  the  purposes  set  forth  in  this 
Act  shall  first  be  submitted  to  the  legal  voters  of  the  county,  at  any 
regular  election  for  county  officers,  or  at  a  special  election  which  the 
county  board  is  hereby  authorized  to  call  for  such  purpose,  on  the 
petition  of  one  hundred  land  owners  who  are  legal  voters  in  said  county, 
to  the  county  clerk,  previous  to  time  for  posting  the  notices  of  a  regular 
or  of  a  special  election;  said  petition  and  notices,  if  for  a  special  road 
tax,  shall  designate  the  road  or  roads  to  be  improved,  or  the  town  or 
towns  or  the  road  district  or  road  districts  to  be  assisted,  the  annual 
rate  per  cent  not  exceeding  fifty  cents  on  each  one  hundred  dollars 
assessed  value,  the  number  of  years,  not  exceeding  five,  for  which  such 
tax  shall  be  levied,  and  said  petition  and  notices,  if  for  the  issue  of 
bonds,  shall  designate  the  amount  of  bonds  to  be  jssued,  the  rate  of 
interest  thereon  and  the  number  of  annual  series  thereof  not  less  than 
five  nor  more  than  twenty  from  the  date  of  issue. 

All  elections  hereunder  shalbbe  called  and  held  and  returns  made 
in  substantially 'the,  manner  provided  for  under  the  general  election 
laws  of  this  State.  [Amended  by  Act  approved  June  27,  1917. 

§  127.  BALLOTS — ELECTION — TAX.]  The  ballots  to  be  used  at  elec- 
tions provided  for  in  the  preceding  section,  if  for  a  special  road  tax, 
shall  be  in  substantially  the  following  form : 


* 

Shall  a  special  tax  for  road  purposes  be  levied  ? 

Yes 

No 

And  if  for  the  issue  of  bonds  the  ballots  shall  be  in  substantially 
the  following  form: 


55 


Shall  county   bonds    for   road   purposes   be 

Yes 

issued  to  the  amount  of  $  ? 

No 

If  a  majority  of  all  ballots  cast  on  the  first  proposition  mentioned 
in  this  section  at  any  such  election  shall  be  in  favor  of  such  proposition, 
it  shall  be  the  duty  of  the  county  board  to  direct  the  county  clerk  to 
extend  such  tax  against  all  the  taxable  property,  including  railroads, 
in  said  county,  in  accordance  with  the  prayer  of  the  petition  therefor  ; 
if  a  majority  of  all  ballots  cast  on  the  second  proposition  mentioned  iri 
this  section  at  any  such  election  shall  be  in  favor  of  such  proposition, 
it  shall  be  the  duty  of  the  county  board  to  issue  the  amount  of  bonds 
voted  for;  and  then  in  either  case  it  shall  be  the  duty  of  such  county 
board  to  carry  out  the  purposes  for  which  said  tax  or  bonds  were  voted, 
in  the  same  manner  as  provided  for  the  guidance  of  commissioners  of 
highways  in  their  respective  towns  or  districts.  [Amended  by  Act 
approved  June  27,  1917. 

§  128.  ROADS  TO  BE  FREE.]  All  roads  constructed  under  the  pro- 
visions of  this  subdivision  of  this  Act,  either  by  towns  or  districts  or 
counties  shall  be  free  for  public  travel  and  kept  in  repair  by  the  proper 
authorities  thereof. 

§  129.  SURPLUS  FUND.]  All  surplus  funds  remaining  in  the  hands 
of  the  treasurer  of  the  town  or  district  after  the  completion  of  any 
road  provided  for  under  this  subdivision  of  this  Act  shall  be  turned 
over  to  the  common  road  fund  of  said  town  or  road  district,  as  the  case 
may  be,  except  so  much  thereof  as  the  commissioners  may  order 
retained  for  the  purpose  of  repairing  said  permanent  road. 

ARTICLE  VII. 
CERTAIN  PROVISIONS  APPLICABLE  GENERALLY  TO  HIGHWAY  OFFICIALS. 

§  130.  TILE  DRAINS — CONTRACT  WITH  OWNERS.]  Whenever  the 
commissioners  of  highway  are  about  to  lay  a  tile  drain  along  any 
public  road  other  than  a  State  aid  road,  or  the  State  Highway  Com- 
mission or  county  superintendent  of  highways  is  about  to  lay  such  tile 
drain  along  a  State  aid  road,  the  said  highway  commissioner  [s],  State 
Highway  Commission,  or  county  superintendent  of  highways,  as  the 
case  may  be,  shall  have  the  power  to  contract  with  the  owners  or 
occupants  of  adjoining  lands  to  lay  larger  tile  than  would  be  necessary 
to  drain  the  road,  and  to  permit  connection  therewith  by  such  con- 
tracting parties  to  drain  their  lands :  Provided,  that  all  such  contracts 
on  roads  other  than  State  aid  roads  for  a  sum  in  excess  of  $200.00 
shall  be  made  on  behalf  of  any  town  or  road  district  by  the  highway 
commissioners  thereof,  with  the  consent  of  the  county  superintendent 
of  highways. 


56 

§  131.  WILLOW  HEDGES — PUBLIC  NUISANCE.]  Where  willow 
hedges,  or  a  line  of  willow  trees  have  been  planted  along  the  margin 
of  a  road,  so  as  to  render  tiling  impracticable,  the  commissioners  of 
highways  if  the  road  be  other  than  a  State  aid  road,  and  the  State 
Highway  Commission  or  the  county  superintendent  of  highways,  if 
the  road  be  a  State  aid  road,  may  contract  with  the  owner  for  their 
destruction ;  and  they  shall  be  destroyed  before  tiling.  The  planting 
of  these  trees  hereafter  on  the  margin  of  roads  is  hereby  declared  to 
be  a  public  nuisance. 

§  132.  CARRIAGES  MAY  BE  KEPT  OFF  HIGHWAYS — WHEN.]  The 
proper  highway  officials  are  hereby  authorized  to  keep  carriages  and 
vehicles  of  every  kind  off  the  public  highways  wherever  necessary  to 
properly  repair  the  same. 

§  133.  COMMISSIONERS  MAY  ENTER  LANDS  TO  OPEN  DITCHES,  ETC. 

—WHEN    OWNER    WILL     NOT     CONSENT PROCEEDINGS.]       The    highway 

commissioners  of  the  towns  arid  road  districts  are  herby  authorized 
to  enter  upon  any  land  adjacent  to  any  highway  in  their  respective 
towns  or  districts  for  the  purpose  of  opening  any  ditch,  whenever  it 
shall  be  necessary  to  open  a  water  course  from -any  highway  to  the 
natural  water  course ;  and  to  dig,  open  and  clean  ditches  upon  said  land 
for  the  purpose  of  carrying  off  the  water  from  said  highways ;  or  to 
drain  any  slough  or  pond  on  said  highways :  Provided,  that  unless  the 
owner  of  such  land,  or  his  agents,  shall  first  consent  to  the  cutting  of 
such  ditches,  the  commissioners  shall  apply  to  any  justice  of  the  peace 
of  the  county  in  which  such  road  is  situated  for  a  summons,  directed  to 
any  constable  of  said  county,  commanding  him  to  summon  the  said 
owner  to  appear  before  the  said  justice,  at  a  time  and  place  specified  in 
such  summons,  not  less  than  five  or  more  than  fifteen  days  from  the 
date  thereof,  for  the  purpose  of  having  the  damages  assessed  which 
such  owner  may  sustain  by  reason  of  the  digging  or^opening  of  such 
ditches  or  drains.  The  said  summons  shall  be  under  the  hand  of  such 
justice  and  be  served  in  the  same  manner  as  summons  is  now  served  in 
civil  actions  before  justices  of  the  peace.  On  the  return  of  such  sum- 
mons, a  venire  shall  be  issued  for  a  jury,  as  in  other  cases  in  the  trial 
of  civil  actions  before  justices  of  the  peace,  which  jury  shall  assess 
such  damages  and  render  a  verdict  therefor.  Whereupon  judgment 
shall  be  entered  by  the  justice  in  accordance  with  the  verdict.  If 
either  party  shall  feel  aggrieved,  by  such  judgment,  an' appeal  may  be 
taken  as  in  other  cases :  Provided,  bond  is  filed  within  five  days  from 
the  time  of  entering  of  the  judgment.  If  no  appeal  is  perfected  within 
five  days  the  amount  so  awarded  shall  be  paid  before  the  commissioners 
of  highways  shall  be  warranted  and  empowered  to  enter  upon  such 
lands  and  di.g,  open  and  clean  such  drains,  ditches  and  water  courses  as 
aforesaid  for  the  purposes  contemplated  in  this  Act.  The  commission- 
ers are  authorized  to  use  the  poll  tax  and  road  money  of  their  town  or 
district  for  the  payment  of  such  judgment:  Provided,  that  not  more 
than  one-half  of  such  jury  shall  be  residents  of  the  town  or  district 
which  is  liable  to  pay  the  damages :  Provided,  further,  that  in  case  the 
owner  of  said  lands  is  a  non-resident,  service  may  be  had  by  leaving  a 


57 

copy  with  the  occupant  or  agent,  or  by  notice  in  the  same  manner  as 
prescribed  in  section  84  of -this  Act. 

§  134.  MATERIAL  FOR  CONSTRUCTING  ROADS — EMINENT  DOMAIN.] 
The  State  Highway  Commission,  the  State  Highway  Engineer,  the 
county  superintendent  of  highways,  and  the  commissioners  of  high- 
ways of  any  town  or  district,  for  the  purpose  of  constructing,  main- 
taining or  repairing  gravel,  rock  or  other  roads,  and  for  procuring 
material  therefor,  may  enter  upon  lands  of  others,  doing  no  more 
damage  than  the  necessity  of  the  case  may  require,  and  take  therefrom 
such  material  as  is  necessary  for  the  construction  or  repair  of  said 
roads:  Provided,  that  such  State  Highway  Commission,  State  High- 
way Engineer,  county  superintendent  or  commissioners  of  highways, 
their  employees  or  teams  shall  not  enter  upon  such  lands  for  the 
purpose  stated  in  this  Act  without  having  paid  or  tendered  the  amount 
of  damages  allowed  or  agreed  upon.  And,  provided,  further,  if  such 
State  Highway  Commission,  State  Highway  Engineer,  county  superin- 
tendent of  highways  or  commissioners  of  highways  and  the  party  or 
parties  owning  or,  controlling  the  lands  to  be  entered  upon,  or  from 
which  material  is  to  be  taken,  can  not  agree  as  to  the  amount  of  damage 
or  value  of  such  material,  that  the  amount  of  damage  shall  be  deter- 
mined as  provided  for  in  the  law  for  exercising  the  right  of  eminent 
domain. 

§  135.  AUTHORITY  TO  STRAIGHTEN  WATER  COURSES.]  Whenever 
any  public  road  shall  be  petitioned  for,  and  located,  in  part,  in  the 
bed  of  any  stream,  the  highway  commissioners  of  the  several  towns 
or  districts  are  hereby  authorized  to  enter  upon  the  adjacent  land  on 
which  said  stream  is  located,  for  the  purpose  of  changing  the  current 
of  the  said  stream,  so  that  it  will  not  flow  upon  £>r  over  such  proposed 
roadway;  and  to  dig  any  necessary  ditches  for  such  purpose:  Pro- 
vided, that  in  case  the  owner  of  such  land  or  his  agent  shall  not  consent 
to  such  straightening  of  said  stream,  then  the  commissioners  shall 
first  proceed  to  have  the  damages  assessed  and  paid,  in  the  same  man- 
ner as  is  now  provided  for  the  assessment  and  payment  of  damages  in 
proceedings  to  open  ditches  for  the  drainage  of  public  highways. 

§  136.  RIGHT  OF  OWNERS  TO  MAKE  CROSSINGS — COSTS.]  Any  per- 
son owning,  using  or  occuping  lands  on  both  sides  of  any  public 
highway,  shall  be  entitled  to  the  privilege  of  making  a  crossing  under 
said  highway  for  the  purpose  of  letting  his  cattle  and  other  domestic 
animals  cross  said  road :  Provided,  said  person  shall  erect  at  his  own 
expense,  a  .good  and  substantial  bridge,  with  good  railings  on  each  side 
thereof,  and  build  an  embankment,  of  easy  grade,  on  either  side  of  said 
bridge;  said  bridge  to  be  not  less  than  sixteen  feet  wide,  and  to  be 
approved  in  the  case  of  a  State  aid  road  by  the  State  Highway  Commis- 
sion, State  Highway  Engineer  or  county  superintendent  of  highways, 
and  in  the  case  of  any  other  than  a  State  aid  road,  to  be  approved 
by  the  commissioners  of  highways  of  the  town  or  district  in  which  said 
bridge  is  built,  and  the  same  to  be  kept  constantly  in  good  repair  by 
the  owner  or  occupant  of  said  land,  the  construction  subject  always  to 
the  consent  and  approval  of  said  State  Highway  Commission,  State 


58 

Highway  Engineer,  county  superintendent  of  highways  or  commis- 
sioners of  highways,  as  the  case  may  be :  And,  Provided,  further,  that 
in  case  such  crossing  is  made  on  any  waterway  or  natural  channel  for 
water  and  where  a  culvert  or  bridge  is  maintained  as  required  for  road 
purposes,  said  owners  or  occupants  shall  not  be  required  to  pay  for 
or  construct  any  more  of  said  crossings  than  the  additional  cost  of 
such  crossing  over  and  above  the  necessary  cost  of  a  suitable  culvert 
or  bridge  for  road  purposes  at  such  place. 

§  137.  To  KEEP  DOWN  WEEDS-]  The  commissioners  of  highways  in 
their  respective  towns  or  road  districts,  shall  annually,  at  the  proper 
season,  to  prevent  the  spread  of  the  same,  destroy  or  cause  to  be 
destroyed,  all  cocklebur,  Canada  thistles,  Russian  thistle  and  all  other 
kinds  of  thistles,  or  other  noxious  weeds,  growing  brush  or  plants 
growing  on  or  upon  all  public  roads  other  than  State  aid  roads  within 
their  respective  towns  or  districts.  The  State  Highway  Engineer  or 
the  county  superintendent  of  highways  shall  attend  to  the  destruction 
of  such  weeds,  thistles  and  plants  upon  all  State  aid  roads.  It  is  also 
hereby  made  the  duty  of  the  highway  officers  aforesaid  to  seasonably 
mow  and  keep  down  all  weeds  or  other  vegetation 'growing  along  the 
highways  under  their  respective  jurisdictions. 

PENALTY.]  Any  highway  officer  failing  to  comply  with  the  pro- 
visions of  this  section  shall  be  liable  -to  a  fine  of  not  less  than  $10.00 
oc  more  than  $25.00  for  each  season  in  which  he  shall  neglect  the 
requirements  of  this  Act. 

§  138.  CAPACITY  OF  BRIDGES  AND  CULVERTS.]  It  shall  be  unlawful 
hereafter  to  construct  any  bridge  or  culvert  upon  any  ravine,  creek 
or  river  upon  a  public  highway  or  street  in  any  town,  county  or  city 
in  this  State  unless  such  bridge  or  culvert  shall  have  the  capacity  of 
sustaining  a  weight  of  at  least  one  hundred  pounds  to  the  square  foot. 

PENALTY.]  Any  person  who  shall  violate  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined  not  to  exceed  $200.00. 

ARTICLE  VIII. 

LAW  OF  THE  ROAD — OFFENSES  AND  PENALTIES. 

§  139.  CERTAIN  ROADS  DECLARED  PUBLIC  HIGHWAYS.]  All  roads  in 
this  State  which  have  been  laid  out  in  pursuance  of  any  law  of  this 
State,  or  of  the  Territory  of  Illinois,  or  which  Tiave  been  established 
by  dedication  or  used  by  the  public  as  highways  for  fifteen  (15)  years, 
and  which  have  not  been  vacated  in  pursuance  of  law,  are  hereby 
declared  to  be  public  highways. 

§  140.  THE  TERM  CARRIAGE.]  The  term  "carriage"  as  used  in  this 
Act  shall  be  construed  to  include  stagecoaches,  wagons,  carts,  sleighs, 
sleds,  autmobiles,  motorcycles,  motor  vehicles  and  every  other  car- 
riage or  vehicle  used  for  the  transportation  of  passengers  and  goods, 
or  either  of  them. 

§  141.  NOTICE  AGAINST  FAST  DRIVING  OVER  BRID9E.]  The  commis- 
sioners of  highways,  the  State  Highway  Commission,  the  State  High- 


59 

way  Engineer,  or  the  county  superintendent  of  highways,  when  they 
deem  it  advisable,  may  put  up  and  maintain  in  conspicuous  places  at 
each  end  of  any  bridge  a  notice  with  the  following  words  in  large 
characters.  "Five  dollars  fine  for  riding  or  driving-on  this  bridge  faster 
than  a  walk."  If  any  person  shall  ride  or  drive  over  any  bridge,  upon 
which  such  notice  has  been  placed,  faster  than  a  walk,  he  shall  forfeit 
the  sum  of  five  dollars  for  every  such  offense. 

§  142.  DESTROYING  OR  DEFACING  GUIDE  BOARDS,  ETC.]  For  destroy- 
ing or  defacing  any  guide  board,  post  or  milestone,  or  any  notice  or 
direction  put  up  on  any  bridge  or  otherwise,  by  or  with  the  authority 
of  the  State  Highway  Commission,  State  Highway  Engineer,  county 
superintendent  of  highways,  or  the  commissioners  of  highways  of  any 
town  or  district,  the  offender  shall  forfeit  a  sum  of  no  [not]  less  than 
three  dollars,  nor  more  than  fifty  dollars. 

§  143.  DEPOSITING  IN  ROAD  WEEDS,  GARBAGE,  ETC.]  It  is  hereby 
declared  unlawful  for  any  person  to  deposit  in  a  public  road  weeds, 
trash,  garbage  or  other  offensive  matter  or  any  broken  bottles,  glass, 
boards,  containing  projecting  nails  or  any  other  thing  likely  to  cause 
punctures  in  the  tires  of  automobiles  or  motor  vehicles ;  and  any  person 
so  offending  shall  be  liable  to  a  penalty  of  not  less  than  three  dollars 
nor  more  than  ten  dollars :  Provided,  however,  that  this  section  shall 
not  apply  to  proper  deposits  of  harmless  materials  made  in  good  faith 
and  in  a  proper  manner  to  repair  the  roads. 

§  144.  INJURING  SIDEWALKS,  BRIDGES,  ETC.]  If  any  person  shall 
purposely  destroy  or  injure  any  sidewalk,  public  bridge,  culvert,  or 
causeway,  or  remove  any  of  the  timber  or  plank  thereof,  or  obstruct 
the  same,  he  shall  forfeit  a  sum  not  less  than  three  nor  more  than  one 
hundred  dollars,  and  shall  be  liable  for  all  damages  occasioned  thereby 
and  all  necessary  costs  for  rebuilding  or  repairing  the  same. 

§  145.  TURN  TO  THE  RIGHT.]  That  whenever  any  person  traveling 
with  any  carriage,  shall  meet  on  any  turnpike,  road  or  public  highway 
in  this  State,  the  persons  so  meeting  shall  seasonably  turn  their  car- 
riages to  the  right  of  the  beaten  track,  so  as  to  permit  each  carriage  to 
pass  without  interfering  or  interrupting,  under  the  penalty  of  five 
dollars  for  every  neglect  or  offense,  to  be  recovered  by  the  party 
aggrieved :  Provided,  this  section  shall  not  be  construed  to  apply  to  a 
case  where  it  is  impracticable  from  the  nature  of  the  ground  for  the 
driver  of  the  carriage  or  wagon  to  turn  to  the  right  of  the  beaten 
track. 

§  145a.  GRADE  CROSSING.]  At  all  grade  crossings  of  public  high- 
ways over  railroads  outside  the  corporate  limits  of  any  city  or  village, 
the  highway  commissioners  shall  remove,  or  cause  to  be  removed  from 
the  highways  all  removable  obstructions  to  the  view  of  such  grade 
crossings,  such  as  brush  and  shrubbery,  and  trim,  or  cause  to  be 
trimmed,  all  hedges  and  trees  upon  the  highway  for  a  distance  of  not 
less  than  three  hundred  (300)  feet  from  each  side  of  such  crossings. 

It  shall  be  the  duty  of  the  highway  commissioners  to  erect  and 
maintain  such  signs  as  the  Public  Utilities  Commission  may  prescribe 
alongside  the  roadway  on  the  highway  at  a  distance  of  three  hundred 


(300)  feet  oil  either  side  from  every  grade  crossing  located  in  the 
various  townships  or  road  districts  of  the  State,  designated  as  "extra 
hazardous"  by  the  Public  Utilities  Commission.  Such  signs  shall  be 
erected  upon  a  substantial  post  or  pedestal  at  a  height  of  approximately 
five  (5)  feet  above  the  level  of  the  highway  at  the  point  where  such 
sign  is  located.  No  advertising  or  other  signs  shall  be  placed  upon 
the  highway  or  upon  the  railroad  right-of-way  within  fifty  (50)  feet 
of  any  signs  required  by  law  to  be  placed  at  or  near  grade  crossings. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to  place, 
or  to  cause  to  be  placed,  any  sign  at  a  public  highway  within  a  distance 
of  three  hundred  (300)  feet  of  any  grade  crossing,  except  signs  or 
signals  required  by  law  or  the  Public  Utilities  Commission  for  the 
protection  of  such  crossings. 

Any  person  who  unlawfully  removes,  throws  down,  injures  or 
defaces  any  sign  required  by  law  to  be  maintained  at  or  near  any  rail- 
road crossings  on  the  public  highway,  shall  be  liable  to  a  fine  of  not 
less  than  ten  dollars  ($10)  nor  more  than  one  hundred  dollars  ($100) 
for  each  offense. 

If,  in  the  case  of  any  such  crossing  it  appears  that  the  presence  of 
such  signs  is  unnecessary,  the  Public  Utilities  Commission,  on  petition 
of  the  highway  commissioners  of  the  township  or  road  district  in  which 
such  crossing  is  situated,  may  release  such  township  or  road  district 
of  the  obligation  of  placing  or  maintaining  such  signs  on  the  highway 
near  such  crossing. 

It  shall  be  the  duty  of  the  highway  commissioners  to  maintain  any 
and  all  signs  placed  or  erected  on  any  such  highway  by  or  through  the 
order  of  the  Public  Utilities  Commission  of  this  State.  With  respect 
to  State  Aid  roads,  the  duties  hereby  imposed  on  the  highway  com- 
missioners shall  be  performed  by  the-  authorities  in  charge  of  such 
State  Aid  roads. 

Any  official  who  shall  fail  or  neglect  to  perform  any  duty  created 
by  this  section  shall  be  liable  to  a  fme  of  not  less  than  ten  ($10)  dollars 
nor  more  than  o'ne  hundred  ($100)  dollars  for  each  such  offense. 
[Amended  by  Act  filed  June  29,  1917. 

§  145b.  STOP  AT  GRADE  CROSSINGS.]  Upon  approaching  any  high- 
way crossing  a  railroad  at  grade,  the  person  controlling  the  movement 
of  any  self-propelled  vehicle  shall  reduce  the  speed  of  such  vehicle  to 
a  rate  of  speed  not  exceed  [ing]  ten  (10)  miles  per  hour.  At  all  grade 
crossings  at  which  "Stop"  signs  are  placed,  the  person  controlling  the 
movement  of  any  self-propelled  vehicle  shall  bring  such  vehicle  to  a 
full  stop  at  such  "Stop"  sign  before  proceeding  over  the  railroad 
tracks.  Failure  to  bring  such  vehicle  to  a  full  stop  at  such  a  crossing 
before  passing  over  the  tracks  of  the  railro.ad,  as  herein  provided,  shall 
be  deemed  a  misdemeanor  and  the  person  guilty  of  such  misdemeanor 
shall  be  subject  to  a  fine  not  to  exceed  ten  dollars  ($10)  ;  the  proceeds 
of  fines  so  collected  to  be  paid  into  the  county  treasury  and  used  to 
maintain  the  highways  of  such  county.  [Amended  by  Act  filed  June 
29,  1917. 


61 

§  146.  DRUNKEN  DRIVER — PENALTY.]  No  person  owning  any  car- 
riage, running  or  traveling  upon  any  road  in  this  State  for  the  convey- 
ance of  passengers,  shall  knowingly  employ,  or  continue  in  employment, 
any  person  to  drive  such  carriage  who  is  addicted  to  drunkenness  or 
the  excessive  use  of  spirituous  liquors;  and  if  any  such  owner  shall 
violate  the  provisions  of  this  section,  he  shall  forfeit  at  the  rate  of 
$5.00  per  day  for  all  the  time  he  shall  keep  such  driver  in  his  employ- 
ment. Any  person  driving  his  own  team,  or  the  team  of  another,  on  the 
public  highway  when  intoxicated,  shall  be  subject  to  a  fine  of  not  less 
than  $3.00,  nor  more  than  $25.00  for  each  offense. 

§  147.  DRUNKEN  DRIVER,  DISCHARGE  OF.]  If  any  driver,  while 
actually  employed  in  driving  any  such  carriage  shall  be  guilty  of  intoxi- 
cation, to  such  a  degree  as  to  endanger  the  safety  of  the  passengers  in 
the  carriage,  it  shall  be  the  duty  of  the  owner  of  such  carriage,  on 
receiving  written  notice  of  the  fact,  signed  by  any  one  of  said  pas- 
sengers, and  certified  by  him  on  oath,  forthwith  to  discharge  such 
driver  from  his  employment;  and  every  such  owner  who  shall  retain, 
or  have  in  his  employ,  within  thirty  days  after  the  receipt  of  such 
notice,  any  driver  who  shall  have  been  so  intoxicated,  shall  forfeit  at 
the  rate  of  five  dollars  per  day  for  the  time  during  which  he  shall  keep 
any  such  driver  in  his  employment  after  receiving  such  notice. 

§  148.  RUNNING  HORSES,  ETC.,  ON  PUBLIC  ROADS.]  No  person  driv- 
ing any  carriage  upon  any  turnpike,  road  or  public  highway  within 
the  State,  with  or  without  passengers  therein,  shall  run  his  horses,  or 
carriage  or  permit  the  same  to  run,  upon  any  occasion,  or  for  any 
purpose  whatever,  except  in  case  of  necessity;  and  every  person  who 
shall  offend  against  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  not 
exceeding  $100.00  or  imprisoned  not  exceeding  sixty  days,  at  the  dis- 
cretion of  the  court. 

§  149.  TEAM  TO  BE  HITCHED.]  It  shall  not  be  lawful  for  the  driver 
of  any  carriage,  used  for  the  purpose  of  conveying  passengers  for 
hire,  to  leave  the  horses  attached  thereto  while  passengers  remain 
therein,  without  making  such  horse  fast  with  a  sufficient  halter,  rope 
or  chain,  or  by  placing  the  lines  in  the  hands  of  some  other  person, 
so  as  to  prevent  their  running;  and  if  any  such  driver  shall  offend 
against  the  provisions  of  this  section,  he  shall  forfeit  the  sum  of  $20.00 
to  be  recovered  by  action,  to  be  commenced  within  six  months ;  and 
unless  the  amount  of  such  recovery  be  paid  forthwith,  execution  shall 
be  immediately  issued  therefor. 

§  150.  OWNERS  LIABLE  FOR  DAMAGES — DRIVER  OF  STAGE,  ETCV 
GUILTY  OF  MISDEMEANOR.]  The  owner  [s]  of  every  carriage  running 
upon  any  turnpike,  road  or  public  highway,  for  the  conveyance  of 
passengers,  shall  be  liable,  jointly  or  severally  to  the  party  injured,  in 
all  cases,  for  all  injuries  or  damages  done  by  any  person  in  the  employ- 
ment af  such  owners  as  a  driver  while  driving  such  carriage,  to  any 
person,  or  to  the  property  of  any  person,  and  that  whenever  the  act 
occasioning  such  injury  or  damage  be  wilful,  negligent  or  otherwise, 
in  the  same  manner  as  such  driver  would  be  liable.  Any  driver  of  any 


62 

mail  stagecoach,  or  any  other  vehicle  for  the  conveyance  of  passengers, 
wilfully  offending  against  the  provisions  of  this  Act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not 
exceeding  $300.00,  or  imprisoned  not  exceeding  four  months. 

§  151.  INJURING  OR  OBSTRUCTING  ROADS,  ETC.]  If  any  person  shall 
injure  or  obstruct  a  public  road  by  felling  a  tree  or  trees,  in,  upon  or 
across  the  same,  or  by  placing  or  leaving  any  other  obstruction  thereon, 
or  encroaching  upon  the  same  with  any  fence,  or  by  plowing  or  dig- 
ging any  ditch  or  other  opening  thereon,  or  by  turning  a  current  of 
water  so  as  to  saturate  or  wash  the  same,  or  shall  leave  the  cuttings 
of  any  hedge  thereon,  for  more  than  ten  days,  he  shall  forfeit  for 
every  such  offense  a  sum  not  less  than  three  dollars,  nor  more  than 
ten  dollars;  and  in  case  of  placing  any  obstruction  on  the  highway, 
an  additional  sum  of  not  exceeding  three  dollars  per  day  for  every 
day  he  shall  suffer  such  obstruction  to  remain  after  he  has  been  ordered 
to  remove  the  same  by  the  commissioners  of  highways,  or  in  case  the 
road  is  a  State  aid  road,  after  he  has  been  ordered  to  remove  the  same 
by  the  State  Highway  Commission,  State  Highway  Engineer  or  county 
superintendent  of  highways.  Any  person  feeling  himself  aggrieved 
may  make  complaint  under  this  section :  Provided,  however,  this  sec- 
tion shall  not  apply  to  any  person  who  shall  lawfully  fell  any  tree  for 
use  and  shall  immediately  remove  the  same  out  of  the  road,  nor  to  any 
person  through  whose  land  a  public  road  may  pass,  who  shall  desire 
to  drain  his  land,  and  who  shall  give  due  notice  to  the  proper  highway 
officials  of  such  intention :  And,  provided,  further,  that  the  commis- 
sioners of  highways,  State  Highway  Commission,  State  Highway 
Engineer,  or  county  superintendent  of  highways,  as  the  case  may  be, 
after  having  given  reasonable  notice  (to  the  owners)  of  the  obstruc- 
tion, or  persons  so  obstructing,  or  plowing,  or  digging  ditches  upon 
such  road,  of  the  obstruction,  may  remove  any  such  fence  or  other 
obstruction,  fill  up  any  such  ditch  or  excavation,  except  ditches  neces- 
sary to  the  drainage  of  an  adjoining  farm  emptying  into  a  ditch  upon 
the  highway,  and  recover  the  necessary  cost  of  such  removal  from  such 
owner  or  other  person  obstructing  such  road  aforesaid,  to  be  collected 
by  the  highway  officials  having  jurisdiction  of  the  road  whereon  such 
offense  was  committed. 

§  152.  OBSTRUCTING  PERSON  IN  HIGHWAY.]  If  any  person  shall 
wilfully  and  unnecessarily  hinder,  obstruct  or  delay,  or  shall  wilfully 
and  unnecessarily  attejnpt  to  delay,  hinder  or  obstruct  any  other  person 
in  lawfully  driving  or  traveling  along  or  upon  any  public  highway  in 
this  State,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  shall  be  fined  not  less  than  ten  (10)  nor  more  than 
twenty-five  (25)  dollars;  and  shall  also  be  liable  for  all  damages  occa- 
sioned to  any  person  by  reason  of  a  violation  of  this  section. 

§  153.  ITINERANT  CAMPING  ON  PUBLIC  HIGHWAYS  UNLAWFUL.] 
It  shall  be  unlawful  for  any  itinerant  person  or  persons  on  any  public 
highway  in  this  State  to  either  hitch  or  turn  loose  any  stock,  cows, 
horses  or  other  animals  for  purpose  of  feeding  same  or  for  purpose  of 


63 

temporary  camping  on  such  public  highways  of  this  State  for  a  period 
to  exceed  twelve  hours  in  any  one  township  or  district. 

Any  legal  voter  or  resident  in  this  State  may  enter  complaint 
before  any  court  having  jurisdiction  against  any  person  or  persons 
found  violating  this  section  and  it  shall  be  the  duty  of  such  court  to 
issue  a  warrant  for. the  arrest  of  such  violators  and  have  them  brought 
forthwith  before  said  court  for  examination,  and  if  found  guilty  of 
such  violation  as  charged,  shall  be  fined  in  a  sum  not  less  than  ten 
dollars  ($10.00)  or  exceeding  fifty  dollars  ($50.00)  for  each  such 
offense,  or  committed  to  the  county  jail  not  exceeding  thirty  days,  at 
the  discretion  of  such  court.  It  shall  be  the  duty  of  the  commissioner 
of  highways  to  enforce  the  provisions  of  this  section  and  to  that  end 
procure  warrants  for  the  arrest  of  all  violators  hereof.  [Amended  by 
Act  approved  June  24,  1915. 

§  154.  ENGINES  ON  PUBLIC  HIGHWAYS.]  It  shall  be  the  duty  of 
persons  in  charge  of  any  steam,  or  gasoline  or  oil  traction  engine,  being 
propelled  over  the  highways  of  this  State,  to  stop  said  engine  whenever 
they  meet  any  person  or  persons  going  in  the  opposite  direction  on  said 
highway  with  horses  or  other  animals,  until  said  horses  or  other  ani- 
mals shall  have  passed  by ;  and  said  engine  shall  be  stopped  when  it  is 
one  hundred  (100)  yards  distant  from  said  horses  or  other  animals, 
and  sooner  in  case  said  horses  or  other  animals  become  frightened  at 
said  engine  before  arriving  at  said  distance.  The  owner  or  driver  of 
said  engine  shall  also  keep  a  good,  trusty  man  not  less  than  fifty  (50) 
nor  more  than  two  hundred  (200)  yards  in  advance  of  said  engine,  to 
assist  in  controlling  any  horses  or  other  animals  being  driven  or  used 
on  said  highway;  until  said  horses  or  other  animals  shall  have  passed 
by  said  engine ;  and  it  shall  be  the  duty  of  the  man  thus  sent  in  advance 
to  use  all  reasonable  care  and  diligence  to  prevent  the  occurence  of  any 
accidents  which  might  result  in  case  said  horses  or  other  animals 
become  frightened  at  said  steam  engine. 

WHEN  UNLAWFUL  TO  BLOW  WHISTLE.]  It  shall  be  unlawful  for 
any  person  to  blow  the  whistle  of  said  engine  while  on  the  public 
highway. 

PENALTY.]  Any  owner  of  a  steam,  or  gasoline  or  oil  traction 
engine,  who,  by  himself,  agent  or  employee,  violates  the  provisions  of 
this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall,  for  each  offense,  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars,  to  be  recovered  before  any  court  of  com- 
petent jurisdiction,  and  shall  also  be  liable  for  all  damages  that  may  be 
sustained  by  persons  or  property  by  reason  of  his  failing  to  comply 
with  the  provisions  of  this  section. 

§  155.    SUITS    FOR    RECOVERY    OF    FINES    OR    PENALTIES    UNDER    ACT, 

HOW  BROUGHT — APPLICATION  OF  FINES.]  All  suits  for  the  recovery  of 
any  fine  or  penalty  under  this  Act,  including  as  well  such  offenses  as 
may  be  committed  upon  or  in  relation  to  State  aid  roads  as  upon 
other  roads,  shall  be  brought  in  the  name  of  .the  town  or  district  in 
which  the  offense  is  committed,  before  any  justice  of  the  peace  within 
the  county,  who  shall  have  jurisdiction  in  such  cases,  to  the  extent 


64 

of  their  jurisdiction  in  other  cases,  or  before  any  other  court  of  com- 
petent jurisdiction:  Provided,  that  all  suits  or  fines  and  penalties, 
incurred  under  this  Act,  on  town  or  district  and  county  line  roads, 
shall  be  brought  in  the  name  of  the  town  or  district  to  which  that 
part  of  the  road  shall  have  been  allotted,  before  any  justice  of  the 
peace  who  shall  have  jurisdiction  in  such  cases  to  the  extent  of  their 
jurisdiction  in  other  cases  or  before  any  other  court  of  competent 
jurisdiction;  and  it  shall  be  the  duty  of  the  State  Highway  Commis- 
sion, State  Highway  Engineer,  county  superintendent  of  highways 
and  commissioners  of  highways  to  seasonably  prosecute  for  all  fines 
and  penalties  under  this  Act ;  but  in  case  of  failure  of  said  officers  to 
so  prosecute,  complaint  may  be  made  by  any  person:  Provided,  said 
person  shall  before  bringing  suit  in  the  name  of  the  town  or  district, 
give  bond  for  costs,  as  is  provided  for  in  case  of  a  non-resident.  But 
whenever  any  person  shall  enter  complaint  to  any  of  said  highway 
officials,  it  shall  be  the  duty  of  such  highway  official  to  at  once  proceed 
to  investigate  as  to  the  reason  of  such  complaint,  and  if  such  complaint 
is  found  to  be  just,  he  shall  at  once  proceed  to  prosecution. 

§  156.  FINES — HOW  DISPOSED  OF.]  All  fines  and  penalties  recov- 
ered under  the  provisions  of  this  Act  for  offenses  committed  upon  or 
in  relation  to  State  aid  roads,  shall,  unless  otherwise  provided,  be 
paid  over  to  the  county  treasurer,  and  by  him  transmitted  to  the  State 
Treasurer  to  become  a  part  of  the  State  road  and  bridge  fund.  All 
fines  and  penalties  recovered  under  the  provisions  of  this  Act  for 
offenses  committed  upon  or  in  relation  to  all  other  roads  shall,  unless 
otherwise  provided,  be  paid  over  to  the  treasurer  of  the  road  and 
bridge  fund  of  the  town  or  district  where  the  offense  is  committed 
to  be  expended  upon  the  roads  and  bridges  in  said  district  or  town. 
The  judgment  or  docket  entry  of  the  court  or  justice  imposing  a  fine 
or  penalty  for  violation  of  this  Act  as  aforesaid,  shall  in  each  instance 
specify  whether  such  offense  was  committed  upon  or"  in  relation  to  a 
State  aid  road  or  a  road  other  than  a  State  aid  road. 

§  157.  RESTRICTION — JURISDICTION.]  Nothing  contained  in  this 
Act  shall  interfere  with  or  affect  any  law  concerning  hackney  coaches 
or  carriages  in  any  of  the  cities  of  this  State,  nor  interefere  with  nor 
affect  the  laws  or  ordinances  of  any  such  city  for  the  licensing  or 
regulating  such  coaches  or  carriages.  Justices  of  the  peace  shall  have 
jurisdiction  of  all  cases  arising  under  this  Act,  where  the  penalty  does 
not  exceed  their  jurisdiction. 

ARTICLE  IX. 

OPTIONAL — SINGLE  HIGHWAY  COMMISSIONER  SYSTEM  PROVIDED  FOR. 
Sections  158, 159, 160, 161, 162,  163, 164, 165, 166  and  167  repealed 
by  an  Act  filed  June  29,  1917. 

ARTICLE  X. 

ACT  CONSTRUED — STATUTES  REPEALED. 

§  168.  PART  INVALID.]  The  invalidity  of  any  portion  of  this  Act 
shall  not  affect  the  validity  of  any  portion  thereof  which  can  be  given 
effect  without  such  invalid  part. 


65 

§  169.  CERTAIN  ACTS  REPEALED.]  The  following  Acts  and  parts  of 
Acts  are  herby  repealed : 

"An  Act  in  regard  to  roads  and  bridges  in  counties  under  town- 
ship organization,  and  to  repeal  an  Act  and  parts  of  Acts  therein 
named/'  approved  June  23,  1883 :  Provided,  however,  that  all  officials 
now  holding  office  under  said  Act  shall  continue  to  exercise  and  enjoy 
their  respective  rights,  powers,  duties  and  emoluments  as  therein  pro- 
vided until  the  first  election  of  highway  officfals  held  under  and  pur- 
suant to  the  provisions  of  this  Act. 

"An  Act  to  provide  for  the  organization  of  road  districts,  the 
election  and  duties  of  the  officials  therein,  and  in  regard  to  roads 
and  bridges,  in  counties  not  under  township  organization,  and  to  repeal 
an  Act  and  parts  of  Acts  therein  named,"  approved  May  4,  1887 :  Pro- 
vided, however,  that  all  officials  now  holding  office  under  said  Act  shall 
continue  to  exercise  and  enjoy  their  respective  rights,  powers,  duties 
and  emoluments  as  therein  provided  until  the  first  election  of  highway 
officials  held  under  and  pursuant  to  the  provisions  of  this  Act. 

"An  Act  in  regard  to  roads  and  bridges  in  counties  not  under 
township  organization  and  to  provide  for  the  adoption  of  the  same," 
approved  May  10,  1901 :  Provided,  however,  that  all  officials  now  hold- 
ing office  under  said  Act  shall  continue  to  exercise  and  enjoy  their 
respective  rights,  powers,  duties  and  emoluments  as  therein  provided 
until  the  first  election  of  highway  officials  held  under  and  pursuant  to 
the  provisions  of  this  Act. 

"An  Act  requiring  the  destruction  of  cockleburs,  weeds  or  plants,'* 
approved  May  31,  1879. 

"An  Act  to  amend  sections  one  (1)  and  two  (2)  of  an  Act  entitled, 
'An  Act  requiring  the  destruction  of  cockleburs,  weeds  or  plants/  ap- 
proved May  31,  1879,  and  by  adding  thereto  sections  three  (3),  four 
(4)  and  five  (5),"  approved  June  2,  1895. 

"An  Act  to  authorize  the  construction  and  maintenance  of  gravel^ 
rock,  macadam  or  other  hard  roads,"  approved  June  18,  1883. 

"An  Act  to  protect  persons  and  property  from  danger  from  steam 
engines  on  public  highways,"  approved  June  26,  1885. 

"An  Act  to  enable  commissioners  of  highways  to  condemn  lands 
under  the  right  of  eminent  domain  for  the  purpose  of  procuring  rock, 
gravel  or  other  material  for  building  or  repairing  public  roads," 
approved  June  21,  1895. 

"An  Act  authorizing  the  highway  commissioners  of  any  township 
to  construct  sidewalks  in  unincorporated  villages,"  approved  June  21, 
1895. 

"An  Act  concerning  travel  upon  public  highways,"  approved  June 
21,  1895. 

"An  Act  to  regulate  the  construction  of  bridges  and  culverts," 
approved  June  21,  1899. 

"An  Act  to  provide  for  appointment  of  a  good  roads  commission 
and  to  make  an  appropriation  therefor,"  approved  May  15,  1903. 

"An  Act  entitled  'An  Act  to  enable  commissioners  of  highways  in 


66 

counties  not  under  township  organization  to  straighten  water  courses 
in  the  construction  of  public  roads/  "  approved  May  16,  1905. 

"An  Act  authorizing  the  commissioners  of  highways  in  any  towrn- 
ship  in  counties  under  township  organization  and  the  commissioners  of 
highways  or  boards  of  county  commissioners  in  counties  not  under 
township  organization,,  to  maintain  earth  roads  with  a  drag  and  to 
contract  for  the  use  of  the  same  and  provide  penalty  for  injury  to  work 
so  done/'  approved  May  31,  1907. 

"An  Act  making  it  the  duty  of  counties  under  townhsip  organiza- 
tion and  towns  in  counties  under  township  organization  to  build,  con- 
struct and  maintain  approaches  to  bridges  located  on  or  near  town 
and  county  lines,"  approved  June  4,  1907. 

"An  Act  to  protect  turnpike  and  gravel  or  macadam  roads  and 
to  provide  a  penalty  for  its  violation/'  approved  June  5,  1911. 

"An  Act  to  authorize  counties  changing  from  township  organiza- 
tion to  county  organization  to  assess  a  poll  tax,  road  labor  and  road  tax 
at  any  meeting  of  county  commissioners  during  the  first  year  after  such 
change,"  approved  May  28,  1879. 

"An  Act  in  regard  to  itinerant  camping  on  public  highways," 
approved  April  21,  1899. 

"An  Act  to  establish  a  State  Highway  Commission  defining  the 
duties  thereof  and  to  make  an  appropriation  for  experimental  pur- 
poses," approved  May  18,  1905. 

"Section  16  of  an  Act  entitled,  'An  Act  to  revise  the  law  in  relation 
to  township  organization/  "  approved  March  4,  1874,  and  as  amended 
by  an  Act  approved  May  10,  1901. 

"An  Act  to  provide  for  the  election  of  the  commissioners  of  high- 
ways in  counties  under  township  organization,  and  to  legalize  the 
election  and  official  acts  of  such  as  were  elected  in  the  years  1874  and 
1875,  and  to  fix  the  compensation  of  the  treasurer  o¥  such  commis- 
sioners," approved  April  15,  1875. 

Article  IX,  sections  158,  159>160,  161,  162,  163,  164,  165,  166  and 
167  repealed  by  Act  filed  June  29,  1917, 


INDEBTEDNESS— AUTHORITY  TO  BORROW  MONEY  AND 

ISSUE  BONDS. 

AN  ACT  to  authorise  townships  or  road  districts  to  borrow  money,  and 
issue  bonds  therefor,  with  zvhich  to  pay  all  indebtedness  hertofore 
incurred  by  the  highway  commissioners  of  such  townships  or  dis- 
tricts in  repairing  or  rebuilding  roads  or  bridges  within  such  town- 
ships or  districts  and  to  provide  for  the  payment  of  such  bonds  by 
appropriate  taxation. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That,  in  case  the  highway  com- 
missioners of  any  township  or  road  district  in  the  State  of  Illinois 
have  heretofore  caused  all  money  raised  by  general  and  special  taxa- 


67 

tion  for  road  purposes  to  be  expended  for  such  purposes,  and  in 
addition  thereto  have  borrowed  money  and  expended  the  same  for 
building,  repairing  and  maintaining  the  road  and  bridges  in  such 
township  or  road  district,  and  such  indebtedness  has  not  been  paid 
by  such  township  or  district,  and  no  funds  are  lawfully  available 
to  pay  the  same,  then  and  in  that  case  such  township  or  road  dis- 
trict is  hereby  authorized  and  empowered  to  assume  and  pay  such 
indebtedness  in  the  following  manner:  The  highway  commissioners 
of  such  township  or  district  shall  call  a  special  township  or 
district  election  to  vote  on  the  proposition,  which  shall  be  clearly 

stated  in  the  petition  substantially  as  follows :     "to  borrow 

dollars  to  pay  indebtedness  incurred  by  highway  commissioners  for 
road  purposes."  Upon  determining  to  call  such  election,  the  high- 
way commissioners  shall  order  the  town  or  district  clerk,  by  an 
instrument  in  writing  to  be  signed  by  them,  to  post  up,  in  ten  of 
the  most  public  places  in  said  township  or  district,  notices  of  such 
special  township  or  district  meeting;  which  notices  shall  state  the 
object,  time  and  place  of  meeting,  the  sum  to  be  borrowed  to  pay 
such  indebtedness  and  the  manner  in  which  the  voting  is  to  be  had, 
which  shall  invariably  be  by  ballot,  and  shall  be  "for  borrowing 
money  to  pay  indebtedness  incurred  by  highway  commissioners  for 
road  purposes,"  or  "against  borrowing  money  to  pay  indebtedness 
incurred  by  highway  commissioners  for  road  purposes."  The  special 
township  or  district  election  shall  be  held  at  the  place  of  the  last 
township  or  district  meeting  .or  election  by  giving  at  least  ten  days' 
notice  and  the  returns  thereof  made  in  the  same  manner  as  other  special 
township  or  district  elections  are  now,  or  may  hereafter  be  provided 
by  law;  and  if  it  shall  appear  that  a  majority  of  two-thirds  of  the 
legal  voters  voting  at  said  election  shall  be  in  favor  of  such  proposition, 
the  said  commissioners  of  highways  and  town  or  district  clerk,  as  the 
case  may  be,  shall  issue  the  bonds  of  said  township  or  district  for.  the 
purpose  of  assuming  and  paying  such  indebtedness  in  the  manner 
provided  in  section  2  of  this  Act. 

§  2.  The  bonds  to  be  issued  in  pursuance  to  section  1  of  this 
Act  shall  be  of  such  denomination,  bearing  such  rate  of  interest  not 
exceeding  six  per  cent,  upon  such  time,  not  exceeding  twenty  years 
from  the  date  of  issuing  said  bonds,  and  shall  be  disposed  of  as  the 
necessity  and  convenience  of  said  township  or  district  officers 
require,  but  no  bonds  shall  be  sold  or  disposed  of  for  less  than  their 
par  value.  A  register  of  any  bonds  so  issued  shall  be  kept  in  the 
office  of  the  county  clerk  of  the  county  in  which  said  township  or 
district  is  located,  showing  the  date,  amount,  rate  of  interest,  ma- 
turity and  the  purpose  for  which  said  bonds  were  issued,  which  in- 
formation shall  be  furnished  to  the  county  clerk,  in  writing,  by 
the  town  or  district  clerk,  and  it  shall  be  the  duty  of  such  county 
clerk  to  extend  annually,  against  the  property  in  said  township  or 
road  district,  a  tax  sufficient  to  pay  the  interest  of  said  bonds  in 
each  year  prior  to  the  maturity  thereof,  and  thereafter  he  shall  extend 
the  tax  in  each  year  sufficient  to  pay  such  bonds  as  they  mature,  to- 


68 

gether  with  interest  thereon,  and  with  the  interest  upon  the  unmatured 
bonds  outstanding. 

§  3.  The  amount  of  indebtedness  incurred  by  such  township  or 
road  district  in  issuing  the  bonds  above  provided  for  in  sections 
1  and  2  of  this  Act,  including  all  existing  indebtedness,  if  any,  shall 
not,  in  the  aggregate,  exceed  five  per  cent  on  the  value  of  the  tax- 
able property  in  such  township  or  district,  to  be  ascertained  by  the 
last  assessment  for  State  and  county  taxes  previous  to  the  incurring 
of  such  indebtedness. 

APPROVED  JUNE  25,  1915. 


ROAD  AND  BRIDGE  BONDS  LEGALIZED. 

AN  ACT  to  legalise  bonds  of  counties,  or  other  municipalities,  voted  for 
the  purpose  of  aiding  in  the  construction  of  roads  and  bridges. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cases  where  the 
people  of  any  county,  or  other  municipality,  in  this  State  have  voted 
in  favor  of  issuing  the  bonds  of  such  county,  or  other  municipality, 
for  the  purpose  of  aiding  in  the  construction  of  roads  and  bridges  in 
such  county,  or  other  municipality,  all  such  elections  and  proceedings 
shall  be,  and  the  same  are  hereby,  made  legal  and  valid,  and  any  bonds 
which  have  been  or  may  hereafter  be  issued  in  pursuance  of  such 
elections  and  proceedings  shall  be,  and  the  same  are  hereby,  made  the 
legal,  valid  and  binding  obligations  of  sjich  county,  or  other  munici- 
pality, notwithstanding  any  objection  which,  except  for  the  passage  of 
this  Act,  could  have  been  made  to  the  legality  of  such  bonds  or  such 
bond  elections,  or  such  bond  proceedings,  or  to  the  taxes  levied  or  to  be 
levied  and  collected  for  the  payment  of  the  principal  of,  and  the  interest 
on,  such  bonds,  and  any  and  all  suits  now  pending  in  any  of  the  courts 
of  this  State,  attacking  the  legality  of  any  such  bond?,  or  such  bond 
elections,  or  such  bond  proceedings,  are  hereby  abated. 
APPROVED  JUNE  25,  1915.  % 

COUNTY  BONDS  FOR   CONSTRUCTION   OF  ROADS   AND' BRIDGES   LEGALIZED. 

§  1.  Elections  and  proceedings  providing  for  county  road,  and  bridge  bonds, 
and  any  bonds  issued  thereunder  made  legal  and  valid — power  of  county 
board. 

AN   ACT   to   legalise   and   make  valid   any   county   bonds  voted,   or 
attempted  to  be  voted,  for  the  purpose  of  raising  money  to  be 
appropriated  and  used  in  the  construction  of  county  highways, 
or  in  aiding  in  the  construction  of  roads  and  bridges  in  any  part 
of  a  county,  or  in  the  improvement  in  any  manner  of  any  pub- 
lic highway  or  highways  of  a  county,  and  to  confer  upon  county 
boards  full  power  and  authority  to  issue  any  such  bonds. 
SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cases  where,  at  any 
election  held  in  any  county  in  this  State,  a  proposition  to  issue  county 
bonds  for  the  purpose  of  raising  money  to  be  appropriated  and  used  in 
the  construction  of  county  highways,  or  in  aiding  in  the  construction  of 


69 

roads  and  bridges  in  any  part  of  such  county,  or  in  the  improvement  in 
any  manner  of  any  public  highway  or  highways  of  such  county,  has 
been  submitted  to  the  legal  voters  of  such  county,  under  any  law,  or 
laws,  purporting  to  authorize  the  issue  of  county  bonds  in  any  manner 
or  for  any  purpose,  or  under  any  power  or  duty,  either  discretionary 
or  mandatory,  express  or  implied,  and  a  majority  of  the  voters  voting 
at  such  election  on  such  proposition,  have  voted  in  favor  of  issuing 
county  bonds  of  such  county  for  any  such  road  improvement  purpose 
or  purposes,  all  such  elections  and  proceedings  shall  be,  and  the  same 
are  hereby,  made  legal  and  valid  and  sufficient  to  authorize  a  county 
board  to  issue  any  such  bonds,  and  any  bonds  which  have  been  or  may 
hereafter  be  issued  in  pursuance  of  any  such  elections  and  proceedings 
shall  be,  and  the  same  are  hereby,  made,  whenever  issued  by  the  county 
board  of  such  county,  the  legal,  valid  and  binding  obligations  of  such 
county,  and  full  power  and  authority  shall  be,  and  the  same  is  hereby, 
given  to  and  conferred  upon  the  county  board,  of  any  such  county,  to 
issue  any  such  bonds,  or  to  ratify  and  accept  as  binding  obligations  of 
such  county  any  such  bonds  that  have  been  issued  or  authorized  to  be 
issued  by  any  proceedings  of  such  county  board ;  notwithstanding  any 
objection  which,  except  for  the  passage  of  this  Act,  could  have  been 
made  to  the  power,  or  the  duty,  of  a  county  board  to  issue  such  bonds, 
or  to  the  legality  of  such  bonds,  or  to  such  bond  elections,  or  to  such 
bond  proceedings,  or  to  the  taxes  levied  or  to  be  levied  and  collected 
for  the  payment  of  the  principal  of  and  the  interest  on  such  bonds. 
APPROVED  JANUARY  21,  1916. 

TOWNSHIP  ELECTIONS  FOR  BONDS  LEGALIZED. 

AN  ACT  to  legalise  elections  held  under  and  by  virtue  of  section  61, 
of  an  Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  roads 
and  bridges,"  approved  June  27,  1913,  in  force  July  I,  1913,  and 
all  Acts  upon  and  proceedings  taken  by  virtue  of  such  elections. 
SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  all  elections  held  under 
and  by  virtue  of  section  61  of  an  Act  entitled,  "An  Act  to  revise 
the  law  in  relation  to  roads  and  bridges,"  approved  June  27,  1913, 
in  force  July  1,  1913,  where  any  such  elections  in  any  town  or 
district  were  held  and  conducted  at  the  place  of  the  last  annual  town  or 
district  meeting  in  any  such  town  or  district,  are  hereby  made 
and  held  to  be  legal,  valid  and  binding,  notwithstanding  that 
any  such  town  or  district  had  theretofore  been  divided  into  two 
or  more  election  precincts,  and  any  bonds  which  have  been  or 
may  hereafter  be  issued  in  pursuance  of  such  elections  and  pro- 
ceedings shall  be  and  same  are  hereby,  made  the  legal,  valid 
and  binding  obligations  of  any  such  town  or  district,  notwith- 
standing any  objection  which,  except  for  the  passage  of  this  Act, 
could  have  been  made  to  the  legality  of  such  bonds,  <  or  such 
elections,  or  such  bond  proceedings  or  to  the  taxes  levied  or  to 
be  levied  and  collected  for  the  payment  of  the  principal  of,  and 
the  interest  on,  such  bonds.  [Amended  by  Act  approved  June 
11,  1917. 


70 

TOWNSHIP  AND  ROAD  DISTRICT  BONDS   LEGALIZED. 

AN  ACT  to  legalize  bonds  of  townships  or  road  directricts  heretofore 
voted  for  the  purpose  of  paying  indebtedness  incurred  by  high- 
way commissioners  of  such  township  or  road  districts  in  re- 
pairing or  rebuilding  roads  or  bridges  therein. 
SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  in  all  cases  where  the 
people  of  any  township,  or  road  district  in  this  State  have  here- 
tofore voted  in  favor  of  issuing  the  bonds  of  such  township  or 
road  district  for  the  purpose  of  paying  the  indebtedness  incurred 
by  the  highway  commissioners  of  such  township  or  road  district 
in  repairing  or  rebuilding  roads  or  bridges  within  such  township 
or  district,  all  such  elections  and  proceedings  shall  be  and  the 
same  are  hereby  made  legal  and  valid,  and  any  bonds  which 
have  been  issued  in  pursuance  of  such  elections  and  proceedings 
shall  be  and  the  same  are  hereby  made  the  legal,  valid  and  bind-* 
ing  obligations  of  such  townships  or  road  districts  notwith- 
standing any  objection  which,  except  for  jthe  passage  of  this  Act, 
could  have  been  made  to  the  legality  of  such  bonds  or  such  bond 
elections  or  such  bond  proceedings,  or  to  the  taxes  levied  or  to 
be  levied  and  collected  for  the  payment  of  the  principal  of  and 
the  interest  on  such  bonds.  [Filed  June  28,  1917. 

RURAL   POST  ROADS. 

AN  ACT  in  relation  to  the  construction  and  maintenance  of  rural  post 
roads  under  and  in  accordance  with  an  Act  of  Congress  entitled, 
"An  Act  to  provide  that  the  United  States  shall  aid  the  states  in 
the  construction  of  rural  post  roads,  and  for  other  purposes" 
approved  July  nth,  1916,  and  known  as  the  Federal  Aid  Road 
Act.  \ 

SECTION  1.  Be  it  enacted  by  the  'People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  the  General  Assembly, 
constituting  the  Legislature  of  the  State  of  Illinois,  hereby  as- 
sents to  the  provisions,  terms,  conditions  and  purposes  of  the  Act 
of  Congress,  approved  July  llth,  1916,  (39  Stat,  1.  355),  entitled, 
"An  Act  to  provide  that  the  United  States  shall  aid  the  states 
in  the  construction  of  rural  post  roads,  and  for  other  purposes," 
known  as  the  Federal  Aid  Road  Act. 

§  2.  The  good  faith  of  the  State  is  hereby  pledged  to  make 
available,  funds  sufficient  to  equal  the  sums  apportioned  to  this 
State  by  the  United  States  for  each  of  the  five  years  in  which 
Federal  funds  are  appropriated  by  the  said  Act  of  Congress,  and 
to  maintain  the  roads  constructed  under  the  provisions  of  said 
Act,  and  to  make  suitable  and  adequate  provision  for  maintenance 
of  such  roads. 

§  3.  The  Department  of  Public  Works  and  Buildings  is  hereby 
authorized  and  instructed  to  enter  into  all  agreements  with  the  Secre- 
tary of  Agriculture  relating  to  the  selection,  construction  and  main- 
tenance of  rural  post  roads  under  the  provisions  of  the  said  Act  of 


71 

Congress,  to  submit  such  scheme  or  project  of  selection,  construction 
and  maintenance  as  may  be  required  by  the  Secretary  of  Agriculture, 
and  to  do  all  things  necessary  fully  to  carry  out  and  make  effective 
the  co-operation  contemplated  and  provided  for  by  said  Act.  All 
such  rural  post  roads  shall  be  known  as  Federal  Aid  Roads. 

§  4.  All  sums  of  money  which  may  have  accrued  or  may  here- 
after, before  the  1st.  day  of  July,  A.  D.  1919,  accrue  to  the  State  of 
Illinois,  under  the  provisions  of  said  Act  of  Congress,  are  hereby  ap- 
propriated to  the  Department  of  Public  Works  and  Buildings  to  be 
paid  out  only  for  the  construction  of  Federal  Aid  Roads  in  accord- 
ance with  the  provisions  of  said  Act,  and  whenever  any  portion  of 
said  money  shall  be  received  by  the  State  Treasurer,  it  shall  imme- 
diately be  placed  to  the  credit  of  a  fund  to  be  known  as  the  Federal 
Aid  Road  Fund  to  be  paid  out  only  for  the  construction  of  Federal  Aid 
Roads  in  accordance  with  the  provisions  of  said  Act  upon  order  or 
certification  of  the  Department  of  Public  Works  and  Buildings. 

§  5.  There  is  hereby  appropriated  to  the  Department  of  Public 
Works  and  Buildings  the  sum  of  six  hundred  and  sixty-three  thousand 
dollars  ($663,000.00)  to  be  available  July  1st,  1917,  and  the  sum  of 
six  hundred  and  sixty-three  thousand  dollars  ($663,000.00)  to  be 
available  July  1st,  1918,  to  be  known  as  the  Federal  Aid  Road  Fund, 
for  the  purpose  of  meeting  the  apportionment  which  has  been  made 
to  the  State  of  Illinois  under  the  said  Act  of  Congress,  and  to  be 
used  only  in  construction  of  such  roads  as  may  be  agreed  upon  by 
the  Department  of  Public  Works  and  Buildings  and  the  Secretary 
of  Agriculture,  as  provided  in  the  said  Act,  and  to  be  paid  out  upon 
order  or  certification  of  the  Department  of  Public  Works  and  Build- 
ings. 

§  6.  The  Auditor  of  Public  Accounts  is  hereby  authorized  and  di- 
rected to  draw  his  warrant  or  warrants  on  the  State  Treasurer  for  the 
sums  hereby  appropriated,  payable  only  out  of  the  'road  fund'  upon 
itemized  bills,  certified  to  by  the  Department  of  Public  Works  and 
buildings  and  approved  by  the  Department  of  Finance. 

§  7.  The  Department  of  Public  Works  and  Buildings  is  hereby 
authorized  and  empowered  to  prepare,  in  accordance  with  the  regu- 
lations of  the  Secretary  of  Agriculture,  the  project  statements,  sketch 
maps,  surveys,  plans,  specifications,  estimates,  bid  forms,  contracts 
and  bonds  to  be  used  in  connection  with  the  construction  of  any 
of  the  Federal  Aid  Roads  in  this  State.  Any  contracts  that  may  be 
entered  into  for  the  construction  of  Federal  Aid  Roads  shall  be  let 
after  due  public  advertisement  to  the  lowest  responsible  bidder,  or  bid- 
ders, upon  terms  and  conditions  to  be  fixed  by  said  Department  of 
Public  Works  and  Buildings,  subject  to  the  approval  of  the  Depart- 
ment of  Finance,  and  said  Department  of  Public  Works  and  Build- 
ings shall  also  require  the  successful  bidder,  or  bidders,  to  furnish 
good  and  sufficient  bonds  to  insure  proper  and  prompt  completion 
of  such  work  in  accordance  with  the  provisions  of  said  contracts. 

§  8.  The  Department  of  Public  Works  and  Buildings  is  hereby 
given  power  and  authority  to  construct  any  work  provided  for  herein 


72 

and  to  purchase  and  supply  any  labor,  tools,  machinery,  supplies 
and  materials  needed  for  any  such  work.  Such  construction  work 
and  labor  provided  for  in  this  Act  shall  be  done  and  performed  in 
accordance  with  the  general  laws  of  this  State,  and  under  the  direct 
supervision  of  the  Department  of  Public  Works  and  Buildings,  sub- 
ject to  the  inspection  and  approval  of  the  Secretary  of  Agriculture 
and  in  accordance  with  his  rules  and  regulations.  Partial  payments 
to  an  amount  not  exceeding  ninety  per  centum  of  the  work  done 
may  be  made  as  the  work  progresses. 

§  9.  Whenever  the  making  of  any  part  of  said  proposed  improve- 
ment, or  the  locating  of  a  route  or  any  part  thereof,  or  the  obtaining 
of  road  building  materials  for  the  work  provided  for  herein,  will 
require  that  private  property  be  taken  or  damaged,  said  Department 
of  Public  Works  and  Buildings,  in  its  name,  shall  have  the  right  to 
purchase  the  necessary  land  from  the  owner  thereof,  or  if  com- 
pensation therefor  can  not  be  agreed  upon,  to  have  such  just  compen- 
sation ascertained  and  to  acquire  and  pay  for  such  property  in 
the  same  manner,  as  near  as  may  be,  as  provided  for  in  the  Act  of 
this  State  entitled,  "An  Act  to  provide  for  the  exercise  of  the  right  of 
eminent' domain,"  approved  April  10th,  1872,  in  force  July  1st,  1872, 
and  the  amendments  thereto :  Provided,  however,  that  said  Depart- 
ment of  Public  Works  and  Buildings  shall  not  be  required,  in  any 
case,  to  furnish  bond. 

§  10.  The  Department  of  Public  Works 'and  Buildings  is  hereby 
authorized,  empowered  and  directed  to  take  whatever  steps  may  be 
necessary,  after  said  roads  have  been,  completed,  to  cause  said  roads  to 
be  properly  maintained  in  accordance  with  the  requirements  of  said 
Federal  Aid  Road  Act. 

§  11.  No  railroad,  railway,  telegraph,  telephone,  pipe  line  or  any 
other  public  utility  company  or  person  shall  locate,  place  or  con- 
struct its  track,  rails,  poles,  wires,  pipe  lines  or  any  "other  equipment 
in,  upon  or  along  any  Federal  Aid  Road,  without  the  consent  of  the 
Department  of  Public  Works  and  Buildings.  Such  consent  may  be 
granted  for  any  period  not  longer  than  twenty  years  upon  petition 
of  the  company  or  person  desiring  to  use  such  road,  upon  such  terms 
and  conditions,  not  inconsistent  with  this  Act,  as  said  Department  of 
Public  Works  and  Buildings  shall  deem  for  the. best  interests  of  the 
public :  Provided,  that  not  such  consent  shall  be  granted  except  upon 
the  condition  that  such  petitioner  will  pay  to  the  owners  of  the  prop- 
erty abutting  upon  such  Federal  Aid  Road  all  damages  which  such 
owners  may  sustain  by  reason  of  the  location,  placing  or  construction 
of  any  such  track,  rails,  poles,  wires,  pipe  lines,  or  other  equipment 
in,  upon  or  along  such  Federal  Aid  Road,  such  damages  to  be  ascer- 
tained and  paid  in  the  manner  provided  by  law  for  the  exercise  of 
the  right  of  eminent  domain. 

APPROVED  JUNE  27,  1917. 


73 

STATE  WIDE  SYSTEM. 

AN  ACT  in  relation  to  the  construction  by  the  State  of  Illinois  of  a 
State-wide  system  of  durable  hard-surfaced  roads  upon  public 
highways  of  the  State  and  the  provision  of  means  for  the  pay- 
ment of  the  cost  thereof  by  an  issue  of  bonds  of  the  State  of 
Illinois. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly:  That  a  State-wide  system  of 
durable  hard-surfaced  roads  be  constructed  by  the  State  of  Illi- 
nois, as  soon  as  practicable,  upon  public  highways  of  the  State 
along  the  hereinafter  described  routes,  as  near  as  may  be,  and 
that  the  State  of  Illinois  (acting  through  its  officers)  be,  and  is 
hereby,  authorized  and  empowered  to  issue  and  sell,  and  provide 
for  the  retirement  of,  bonds  of  the  State  of  Illinois  to  the  amount 
of  Sixty  Million  Dollars  ($60,000,000.00)  for  the  purpose  of  pro- 
viding means  for  the  payment  of  the  cost  of  the  construction  of 
said  system  of  roads :  Provided,  however,  that  before  this  law, 
which  hereby  authorizes  such  debt  to  be  contracted  and  levies 
the  tax  for  the  payment  of  the  principal  and  interest  of  the  bonds 
to  be  issued  as  an  evidence  of  such  debt,  shall  go  into  full  force 
and  effect  it  shall,  at  the  general  election  in  November,  A.  D. 
1918,  be  submitted  to  the  people  and  receive  a  majority  of  the 
votes  cast  for  members  of  the  General  Assembly  as  such  election. 
§  2.  That  the  issuance,  sale  and  retirement  of  said  bonds  and 
the  construction  of  said  State-wide  system  of  roads  and  all  work 
incidental  thereto  shall  be  under  the  general  supervision  and  con- 
trol of  the  Department  of  Public  Works  and  Buildings,  subject 
to  the  approval  of  the  Governor  of  this  State;  and  said  Depart- 
ment of  Public  Works  and  Buildings  in  hereby  authorized,  empowered 
and  directed  to  take  whatever  steps  may  be  necessary  to  cause  said  bonds 
to  be  issued  and  sold  and  to  cause  said  system  of  roads  to  be  con- 
structed at  the  earliest  possible  time,  consistent  with  good  busi- 
ness management,  after  this  Act  becomes  fully  operative.  Said 
Department  of  Public  Works  and  Buildings  shall  have  power 
to  make  and  shall  make  all  final  decisions,  affecting  the  work 
provided  for  in  this  section,  and  all  the  rules  and  regulations  it 
may  deem  necessary  for  the  proper  management  and  conduct  of 
said  work  and  for  carrying  out  all  of  the  provisions  of  this  Act  in 
such  manner  as  shall  be  to  the  best  interest  and  advantage  of 
the  people  of  this  State.  The  Director  of  Public  Works  and 
Buildings  shall  make  it  the  special  duty  of  the  Superintendent  of 
Highways,  acting  under  the  direction,  supervision  and  control 
of  said  director,  to  see  that  such  provisions  are  so  carried  out  in 
good  faith.  Said  Department  of  Public  Works  and  Buildings  is 
hereby  given  power  and  authority  to  purchase  and  supply  any 
labor,  tools,  machinery,  supplies  and  materials  needed  for  said 
work.  All  contracts  let  for  the  construction  of  said  work  shall 
be  let  to  the  lowest  responsible  bidder,  or  bidders,  and  all  of  said 
State  bonds  shall  be  sold  to  the  highest  and  best  bidder,  or 


74 

bidders,  by  said  Department  of  Public  Works  and  Buildings,  on 
such  terms  and  conditions,  and  on  open  competitive  bidding  after 
public  advertisement  in  such  manner  and  for  such  times,  as  may 
be  prescribed  by  said  Department  of  Public  Works  and  Build- 
ings, subject  to  the  approval  of  the  Department  of  Finance.  Suc- 
cessful bidders  for  the  construction  of  said  work  shall  enter  into 
contracts  furnished  and  prescribed  by  said  Department  of  Public 
Works  and  Buildings  and  shall  give  good  and  sufficient  bonds  to 
insure  the  proper  and  prompt  completion  of  said  work  in  strict 
accordance  with  the  provisions  of  said  contracts. 

§  3.  That  for  the  purpose  of  carrying  out  the  provisions  of  this 
Act  said  sum  of  Sixty  Million  Dollars  ($60,000,000.00)  to  be 
derived  from  the  sale  of  said  bonds,  be,  and  is  hereby,  appropriated 
to  said  Department  of  Public  Works  and  Buildings,  such  money  to 
be  payable  out  of  the  State  Bond  Road  Fund,  hereinafter  provided 
for;  that  for  the  purpose  of  raising  said  sum  so  appropriated  to 
carry  out  the  provisions  of  this  Act,  said  bonds  of  the  State  of  Illi-- 
nois  to  an  Amount  not  exceeding  said  sum  of  Sixty  Million  Dollars 
($60,000,000.00)  shall  be  issued  and  sold  as  herein  provided ;  that 
said  bonds  shall  bear  interest,  payable  annually,  from  the  date  of 
their  issue,  at  the  rate  of  three  and  one-half  per  centum  per  annum, 
unless  financial  conditions  make  a  different  rate  advisable,  in  which 
case  said  Department  of  Public  Works  and  Buildings  may,  with 
the  Governor's  approval,  issue  part  or  all  of  said  bonds  at  any  other 
rate  qf  interest  not  exceeding  four  per  centum  per  annum ;  that 
said  bonds  shall  be  serial  bonds  and  be  dated,  issued  and  sold  from, 
time  to  time  as  said  road  building  work  progresses  and  in  such 
amounts  as  may  be  necessary  to  provide  sufficient  money  to  pay  for 
said  work  and  the  expenses  incidental  thereto;  and  that  each  one  of 
said  bonds  shall  be  made  payable  within  twenty  years  from  the 
date  of  its  issue.  Each  one  of  said" "bonds  shall  be  in  the  denomina- 
tion of  $500.00,  or  some  multiple  thereof.  Said 'bonds  shall  be 
engraved  and  printed  by  sai4  Department  of  Public  Works  and 
Buildings,  un(jler  the  direction^  of  the  Governor,  and  be  signed  by 
the  Governor  and  attested  by  the  Secretary  of  State  under  the  seal 
of  the  State  and  countersigned  by  the  State  Treasurer  and  by  the 
Auditor  of  Public  Accounts.  Interest  coupons  with  lithographed 
fac-simile  signatures  of  such  officers,  may  be  attached  to  said 
bonds.  Said  bonds  may,  at  the  request  of  owners,  be  registered 
with  the  Auditor  of  Public  Accounts.  Said  bonds  shall  be 
deposited,  until  sold,  with  the  State  Treasurer;  and  when  sold,  the 
proceeds  of  said  bonds  shall  be  paid  into  the  State  Treasury  and  be 
kept  in  a  separate  fund  which  shall  be  known  as  the  State  Bond 
Road  Fund. 

§4.  That  all  payments  for  work. done  or  obligations  incurred 
under  the  provisions  of  this  Act  shall  be  made  by  the  State  Treas- 
urer out  of  said  State  Bond  Road  Fund  (and  said  fund  shall  be  used 
only  for  the  purposes  mentioned  in  this  Act)  upon  warrants  drawn 
by  the  Auditor  of  Public  Accounts,  based  upon  bills  of  particulars 
and  vouchers  certified  by  the  proper  official  of  said  Department  of 


75 

Public  Works  and  Buildings,  having  knowledge  of  the  facts  upon 
which  such  vouchers  are  based,  and  audited  and  approved  by  the 
Superintendent  of  Highways  and  the  Director  of  Public  Works  and 
Buildings,  and  approved  by  the  Governor,  acting  through  the  De- 
partment of  Finance. 

§5.  That  said  Department  of  Public  Works  and  Buildings 
shall,  on  or  before  the  1st  day  of  February  each  year,  make  a  full 
report  to  the  Governor  of  all  business  transacted  by  said  depart- 
ment in  carrying  out  the  provisions  of  this  Act,  during  the  year 
ending  on  the  preceding  31st  day  of  December.  The  Governor  may  • 
cause  the  books  and  affairs  of  said  department,  relating  to  the 
work  provided  for  herein,  to  be  audited  in  each  year. 

§  6.  That  each  year,  after  this  Act  becomes  fully  operative,  and 
until  all  of  said  bonds  shall  have  been  retired,  there  shall  be  in- 
cluded in  and  added  to  the  tax  levied  for  State  purposes,  a  direct 
annual  tax  for  such  amount  as  shall  be  necessary  and  sufficient  to  pay 
the  interest  annually,  as  it  shall  accrue,  on  each  and  every  bond  is- 
sued under  the  provisions  of  this  Act,  and  also  to  pay  and  discharge 
the  principal  of  such  bonds  at  par  value,  as  such  bonds  respectively 
fall  due;  and  the  respective  amounts  of  such  direct  annual  tax  are 
hereby  appropriated  for  that  specific  purpose:  Provided,  however, 
that  moneys  in  the  "Road  Fund"  created  by  and  under  the  provisions 
of  the  Motor  Vehicle  Law  of  this  State,  approved  June  10,  1911, 
and  all  Acts  amendatory  thereof,  shall  first  be  appropriated  and  used 
for  the  purpose  of  paying-  and  discharging  annually  the  principal 
and  interest  on  such  bonded  indebtedness  then  due  and  payable.  The 
required  rate  of  such  direct  annual  tax  shall  be  fixed  each  year  by  the 
officers  charged  by  law  with  fixing  the  rate  for  State  taxes  on  the 
valuation  of  real  and  personal  property  in  this  State  subject  to  tax- 
ation, in  accordance  with  the  provisions  of  the  statutes  in  such  case: 
Provided,  however,  that  if  money  from  other  sources  of  revenue  has 
been  appropriated  and  set  apart  for  the  same  purpose  for  which  said 
direct  annual  tax  is  hereby  levied  and  imposed,  then  said  officers  shall, 
in  fixing  said  rate  of  said  direct  annual  tax,  make  proper  allowance 
and  reduction  for  any  such  money  so  appropriated  and  set  apart  from 
other  sources  of  revenue.  Said  direct  annual  tax  shall  be,  and  it  is 
hereby,  levied  and  imposed,  as  herein  provided,  and  such  direct  annual 
tax  shall  be  assessed,  levied  and  collected  in  the  manner  prescribed 
by  law  in  the  case  of  general  State  taxes,  and  shall  be  paid  into  the 
treasury  of  the  'State  by  the  officers  legally  entrusted  with  the  duty 
of  collecting  and  accounting  for  such  general  State  taxes:  Provided, 
however,  that  no  such  direct  annual  tax  shall  be  so  levied  for  any 
year  in  which  a  sufficient  amount  of  money  from  other  sources  of 
revenue  has  been  appropriated  and  set  apart  to  pay  the  interest,  as 
it  shall  accrue,  on  said  bonds  for  that  year  and  also  to  pay  and 
discharge  the  principal  of  any  of  said  bonds  falling  due  during  such 
year." 

§  7.  That  said  proposed  state-wide  system  of  roads  shall  be  con- 
structed in  strict  accordance  with  the  plans,  specifications,  estimates 


76 

of  cost  and  contracts  of  said  Department  of  Public  Works  and  Build- 
ings. Said  Department  of  Public  Works  and  Buildings  shall  con- 
struct upon  and  along  said  roads  durable  hard-surfaced  roadways 
which  will  in  the  judgment  of  said  Department  of  Public  Works  and 
Buildings  and  its  chief  highway  engineer  remain  in  good  condition, 
with  low  reasonable  maintenance  cost,  until  after  all  of  said  State 
bonds  have  matured.  Said  hard-surfaced  parts  of  said  roads  shall  be 
constructed  of  sufficient  widths  to  meet  the  requirements  of  the 
reasonably  expected  traffic  thereon,  such  widths,  except  in  extreme 
cases,  to  be  not  less  than  ten  feet  nor  more  than  eighteen  feet.  Pro- 
vided, that  where  the  contour  of  the  surface  permits  and  is  practic- 
able that  in  making  fills,  excavations  and  gradings  for  and  in  construc- 
tion of  such  hard-surfaced  roads,  the  surface  of  the  earth  alongside 
shall  be  so  left  that  vehicles  may  drive  over  same  and  such  surface 
shall  be  of  such  grade  that  vehicles  can  turn  on  or  off  such  hard- 
surfaced  roads  with  safety  and  convenience.  The  old  bridges  which 
form  parts  of  the  present  roads,  shall,  wherever  such  bridges  arfe 
in  proper  condition,  be  used  in  said  proposed  system.  Said  Depart- 
ment of  Public  Works  and  Buildings  shall  immediately  after  this  Act 
has  been  approved  by  the  people  and  before  entering  into  contracts  for 
the  construction  of  said  roads,  cause  to  be  made  reconnaissance  sur^ 
veys  and  maps,  plans  and  specifications  of  said  roads,  together  with 
approximate  estimates  of  the  cost  of  constructing  said  roads. 

J8.  That  said  Department  of  Public  Works  and  Buildings  shall 
i  said  roads  into  convenient  sections  for  construction  purposes, 
and  shall  make  all  reasonable  efforts  to  have  the  entire  State-wide 
system  of  roads  completed  within  five  years  after  the  first  construc- 
tion contracts  therefor  are  awarded.  The  construction  work  shall, 
so  far  as  practically  possible,  be  commenced  in  the  different  sections 
of  the  State  at  approximately  the 'same  time  and  £>e  carried  on  con- 
tinuously until  all  work  is  completed.. 

§  9.  That  the  general  location  of  the  routes  upon  and  along  which 
said  proposed  roads  are  to  be  constructed  shall  be  substantially  as 
described  in  this  section,  so  as  to  connect,  with  each  other,  the  dif- 
ferent communities  and  the  principal  cities  of  the  -State :  Provided, 
however,  that  said  Department  of  Public  Works  and  Buildings  shall 
have  the  right  to  make  such  minor  changes  in  the  location  of  said 
routes  as  may  become  necessary  in  order  to  carry  out  the  provisions 
of  this  Act ;  and,  provided,  also,  that  said  Department  of  Public 
Works  and  Buildings  shall  not  improve  hereunder,  any  road  or  part 
thereof  which  lies  within  any  incorporated  city,  town  or  village  in 
which  the  building  of  State  aid  roads  may  be  prohibited  by  the  Act  of 
this  State  entitled,  "An  Act  to  revise  the  law  in  relation  to  roads 
and  bridges,"  approved  June  27,  1913,  and  the  amendments  thereto: 

ROUTE  No.  1. 

Beginning  in  a  public  highway  at  the  southern  limits  of  the  city 
of  Chicago  and  running  along  such  highway  in  a  general  southerly 
direction  to  Metropolis,  affording  Chicago,  Chicago  Heights,  Watseka, 


7? 

Danville,  Paris,  Marshall,  Robinson,  Lawrenceville,  Mt.  Carmel,  Al- 
bion, Grayville,  Carmi,  Harrisburg,  Vienna,  Metropolis  and  the  inter- 
vening communities  reasonable  connections  with  each  other. 

ROUTE  No.  2. 

Beginning  in  a  public  highway  near  Beloit,  Wisconsin,  and  run- 
ning along  such  highway  in  a  general  southerly  direction  to  Cairo, 
affording  Rockford,  Oregon,  Dixon,  Mendota,  Peru,  LaSalle,  El  Paso, 
Bloomington,  Clinton,  Decatur,  Pana,  Vandalia,  Centralia,  DuQuoin, 
Carbondale,  Anna,  Cairo  and  the  intervening  communities  reasonable 
connections  with  each  other. 

ROUTE  No.  3. 

Beginning  in  a  public  highway  at  Morrison  and  running  along 
such  highway  in  a  general  southerly  direction  to  Chester,  affording 
Morrison,  Prophetstown,  Moline,  Rock  Island,  Aledo,  Monmouth,  Ma- 
comb,  Rushville,  Beardstown,  Virginia,  Ashland,  Alexander,  (run- 
ning over  Route  No.  10  between  Alexander  and  Jacksonville),  Jack- 
sonville, White  Hall,  Carrollton,  Jerseyville,  Alton,  East  St.  Louis, 
Waterloo,  Chester  and  the  intervening  communities  reasonable  con- 
nections with  each  other. 

ROUTE  No.  4. 

Beginning  at  the  intersection  of  48th  and  Ogden  Avenues  in 
the  Town  of  Cicero,  Cook  County,  and  running  in  a  general  south- 
westerly direction  to  East  St.  Louis,  affording  Chicago,  Cicero,  Ber- 
wyn,  Riverside,  Lyons,  Joliet,  Dwight,  Pontiac,  Bloomington,  Lin- 
coln, Elkhart,  Williamsville,  Springfield,  Carlinville,  Edwardsville, 
Granite  City,  East  St.  Louis  and  the  intervening  communities  rea- 
sonable connections  with  each  other. 

ROUTE  No.  5. 

Beginning  in  a  public  highway  at  the  northwesterly  limits  of  the 
City  of  Chicago  and  running  along  such  highway  in  a  general  north- 
westerly direction  to  East  Dubuque,  affording  Chicago,  Elgin,  Marengo, 
Rockford,  Freeport,  Galena,  East  Dubuque  ,and  the  intervening  com- 
munities reasonable  connections  with  each  other. 

ROUTE  No.  6. 

Beginning  in  a  public  highway  at  the  westerly  limits  of  the  city 
of  Chicago  and  running  along  such  highway  in  a  general  westerly 
direction  to  Fulton,  affording  Chicago,  Wheaton,  Geneva,  Elburn, 
DeKalb,  Rochelle,  Dixon,  Sterling,  Morrison,  Fulton  and  the  interven- 
ing communities  reasonable  connections  with  each  other. 

ROUTE  No.  7. 

Beginning  in  a  public  highway  at  Joliet  and  running  along  such 
highway  in  a  westerly  direction  to  East  Moline,  affording  Joliet,  Morris, 
Ottawa,  LaSalle,  Peru,  DePue,  Princeton,  Geneseo,  East  Moline  and 
the  intervening  communities  reasonable  connections  with  each  other. 


N 

KOUTK  No.  8. 
Beginning  in  a  public  highway  ;ii  tin-  Indiana  Stale  line  cast  of 

Sheldnii  and    immini;  almij;   MI.  h   lni;h\\ay    in   a   i;eneial    westerly  direr 

tion  to  the  Mississippi  River  opposn.  I'.m im^ton,  [owa,  affording 
Watseka,  Chenoa,  El  Paso,  Eureka,  Peoria,  Farmington,  Khmvood, 
Yates  City,  Galesburg,  Monmotlth,  and  the  intervening  communities 
reasonable  eonneetions  with  each  other. 

ROUTE  No.  1). 

Beginning  in  a  public  highway  at  the  Indiana  State  line  east  of 
lloopeston,  and  running  along  such  highway  in  a  general  westerly 
direction  to  Route  No.  24,  on  the  east  side  of  the  Illinois  River 
between  Pekin  and  East  Peoria,  thence  over  Route  No.  24,  to  Peoria, 
and  thence  in  a  westerly  direction  to  Hamilton,  affording  Hoopcstnn, 
Paxton,  Bloomington,  Carlock,  Goodfield,  Deer  Creek,  Morton,  Peoria. 
Canton,  Prairie  City,  Bushnell,  Macomb,  Carthage,  Hamilton,  and  the 

ml.  :  \.  ..mmmiilies  reasnnahle  eonneetions  with  each  otlicr. 

ROUTE  No.  10,  . 

Beginning  in  a  public  highway  at  the  Indiana  state  line  east  of 
Danville  and  running  along  such  highway  in  a  general  westerly  direc- 
tion to  Jacksonville,  affording  Danville,  Urbana,  Champaign,  Monti- 
cello,  Bement,  Decatur,  Springfield,  Jacksonville  and  the  intervening 
communities  reasonable  connections  with  each  other. 

ROUTE  No.  11. 

l»ci;innini;   in   a    pnldic   highway   at    the    Indiana   state   line   east 

of  Marshall  and  running  along  such  highway  in  a  general  south 
westerly     direction     to     East     St.     Louis,     affording     Marshall, 
Greenup,  Effingham,  Vandalia,  Greenville,  Baden   Baden,   High- 
land, East  St.  Louis  and  the  intervening  communities  reasonable 
connections  with  each  other. 

RO^TE  No.  12. 

Beginning  in  a  public  highway  at  the  Indiana  state  line  east 
of  Lawrenceville  and  running  along  such  highway  in  a  general 
westerly  direction  to  East  St.  Louis,  affording  Lawrenceville, 
Olney,  Flora,,  Salem,  Carlyle,  Lebanon,  East  St.  Louis  and  the 
intervening  communities  reasonable  connections  with  'each  other. 

ROUTE  No.  13. 

Beginning  in  a  public  highway  at  Shawneetown  and  running 
along  such  highway  in  a  general  westerly  direction  to  Murphys- 
boro,  thence  in  a  northwesterly  direction  to  East  St.  Louis, 
affording  Shawneetown,  Harrisburg,  Marion,  Carbondale,  Mur- 
physboro,  Pinckneyyille,  Sparta,  Belleville,  East  St.  Louis  and  the 
intervening  communities  reasonable  connections  with  each  other. 

ROUTE  No.  14. 

Beginning  in  a  public  highway  at  Carmi  and  running  along  such 
highway  in  a  general  westerly  direction  to  Duquoin,  affording  Carmi, 


79 

McLeansboro,  Benton,  Christopher,  IXtquoin  and  the  intervening  com- 
munities reasonable  connections  with  each  other. 

ROUTE  No,  15. 

Beginning  in  a  public  highway  at  Albion  and  running  along  such 
highway  in  a  general  westerly  direction  to  Belleville,  affording  Albion, 
Fairfield,  Mt.  Vernon,  Ashley,  Nashville,  Okawville,  Belleville  and 
the  intervening  communities  reasonable  connections  with  each  other. 

ROUTE  No.  16. 

Beginning  in  a  public  highway  at  Paris  and  running  along  such  high- 
way in  a  general  southwesterly  direction  to  Route  4,  at  or  near  Staun- 
ton,  affording  Paris,  Charleston,  Mattoon,  Shelbyville,  Pana,  Hillsboro, 
Litchfield,  Mount  Olive,  Staunton  and  the  intervening  communities 
reasonable  connections  with  each  other. 

ROUTE  No.  17, 

Beginning  in  a  public  highway  at  the  Indiana  state  line  east  of 
Grant  Park  and  running  along  such  highway  in  a  general  westerly 
direction  to  Lacon,  affording  Grant  Park,  Momence,  Kankakee, 
Dwight,  Streator,  Eagle  Church  Corner*,  Garfield,  Wenona,  Custer, 
Varna,  and  Lacon  and  intervening  communities  reasonable  connections 
with  each  other. 

ROUTE  No.  18. 

Beginning  in  a  public  highway  at  the  western  limits  of  the  city  of 
Chicago  and  running  along  such  highway  in  a  southwesterly  direction 
to  Princeton,  affording  Chicago,  Aurora,  Oswego,  Yorkville,  Piano, 
Sandwich,  Earlville,  Mendota,  Princeton  and  the  intervening  com- 
munities reasonable  connections  with  each  other. 

ROUTE  No.  19. 

Beginning  in  a  public  highway  at  the  westerly  limits  of  the  city  of 
Chicago  and  running  along  such  highway  in  a  general  northwesterly 
direction  to  Harvard,  affording  Chicago,  Barrington,  Woodstock, 
Harvard,  and  the  intervening  communities  reasonable  connections 
with  each  other. 

ROUTE  No.  20. 

Beginning  in  a  public  highway  at  the  west  limits  of  the  city  of 
Waukegan  at  the  end  of  Belvidere  Street  and  running  along  such  high- 
way hi  a  general  westerly  direction  to  'Woodstock,  affording  Wauke- 
gan, Grays  Lake,  McHenry  and  Woodstock  and  intervening  communi- 
ties reasonable  connections  with  each  other. 

ROUTE  No.  21. 

Beginning  in  a  public  highway  at  the  northerly  limits  of  the  city 
of  Chicago  and  running  along  such  highway  in  a  general  northwesterly 
direction  to  the  Wisconsin  state  line,  affording  Chicago,  Libertyville, 
Antioch  and  the  intervening  communities  reasonable  connections  with 
each  other. 


80 

ROUTE  No.  22. 

Beginning  in  a  public  highway  at  the  Indiana  state  line  east  of 
Chicago  Heights  and  running  along  such  highway  to  Lake  Forest, 
affording  Chicago  Heights,  Joliet,  Aurora,  Geneva,  Elgin,  Dundee, 
Carpenterville,  Harrington,  Lake  Forest  and  the  intervening  com- 
munities reasonable  connections  with  each  other. 

ROUTE  No.  23. 

Beginning  in  a  public  highway  at  the  Wisconsin  state  line,  north  of 
Harvard  and  running  along  such  highway  in  a  general  southerly  and 
southwesterly  direction  to  Streator,  affording  Harvard,  Marengo, 
Sycamore,  DeKalb,  Ottawa,  Streator  and  the  intervening  communities 
reasonable  connections  with  each  other. 

ROUTE  No.  24. 

Beginning  in  a  public  highway  at  Peoria  and  running  along  such 
highway  in  a  general  southerly  and  southeasterly  direction  to  Pana, 
affording  Peoria,  Pekin,  Green  Valley,  Mason  City,  Greenview,  Athens, 
Springfield,  Pana  and  the  intervening  communities  reasonable  connec- 
tions with  each  other. 

ROUTE  No.  25. 

Beginning  in  a  public  highway  at  Kankakee  and  running  along 
such  highway  in  a  general  southerly  direction  to  Fairfield,  affording 
Kankakee,  Gilman,  Paxton,  Champaign,  Tuscola,  Mattoon,  Effing- 
ham^Toliver,  Louisville,  Flora,  Fairfield  and  the  intervening  communi- 
ties reasonable  connections  with  each  other. 

ROUTE  No.  26. 

Beginning  in  a  public  highway  at  Freeport  and  running  along  such 
highway  in  a  general  southerly  direction  to  Dixon,  affording  Freeport, 
Polo,  Dixon  and  the  intervening  communities  reasonable  connections 
with  each  other. 

ROUTE  No.  27. 

Beginning  in  a  public  highway  at  Polo  and  running  along  such 
highway  in  a  general  westerly  direction  to  Savanna,  affording  Polo, 
Mt.  Carroll,  Savanna  and  the  intervening  communities  reasonable  con- 
nections with  each  other. 

ROUTE  No.  28. 

Beginning  in  a  public  highway  at  Galesburg  and  running  along 
such  highway  in  a  general  northeasterly  direction  to  Sheffield,  afford- 
ing Galesburg,  Kewanee,  Sheffield  and  the  intervening  communities 
reasonable  connections  with  each  other. 

ROUTE  No.  29. 

Beginning  in  a  public  highway  at  Peoria  and  running  in  a  northerly 
direction  to  DePue,  affording  Peoria,  Chillicothe,  Henry,  DePue  and 
the  intervening  communities  reasonable  connections  with  each  other. 

ROUTE  No.  30. 

Beginning  in  a  public  highway  at  Peoria  and  running  in  a  north- 
westerly direction  to  Galva,  affording  Peoria,  Princeville,  Wyoming, 


81 

Galva  and  the  intervening  communities  reasonable  connections  with 
each  other. 

ROUTE  No.  31. 

Beginning  in  a  public  highway  at  Canton  and  running  in  a  south- 
westerly direction  to  Quincy,  affording  Canton,  Lewistown,  Rushville, 
Mt.  Sterling,  Quincy  and  the  intervening  communities  reasonable  con- 
nections with  each  other. 

ROUTE  No.  32. 

Beginning  in  a  public  highway  at  Windsor  and  running  in  a 
northerly  direction  to  Cerro  Gordo,  affording  Windsor,  Sullivan, 
Lovington,  Ulrich  Station,  Lake  City,  Cerro  Gordo  and  the  intervening 
communities  reasonable  connections  with  each  other. 

ROUTE  No.  33. 

Beginning  in  a  public  highway  at  Efrmgham  and  running  to  Robin- 
son, affording  Effingham,  Newton,  Robinson  and  the  intervening  com- 
munities reasonable  connections  with  each  other. 

ROUTE  No.  34. 

Beginning  in  a  public  highway  at  Harrisburg  and  running  through 
Herod  and  thence  along  the  most  practictl  route  to  the  road  leading 
from  Elizabethtown  to  Golconda  with  branches  into  Elizabethtown  and 
Golconda,  giving  Elizabethtown  and  Golconda  connection  with  each 
other  and  each  of  said  towns  connection  with  Harrisburg. 

ROUTE  No.  35. 

Beginning  in  a  public  highway  at  Route  No.  2  north  of  Cairo 
and  extending  in  an  easterly  direction  to  Mound  City,  affording 
Mounds,  Mound  City  and  the  intervening  communities  reasonable 
connections  with  each  other. 

ROUTE  No.  36. 

Beginning  in  a  public  highway  at  Carthage  and  running  in  a 
southerly  and  easterly  direction  to  Jacksonville,  affording  Carthage, 
Bowen,  Ursa,  Quincy,  Payson,  Barry,  Pittsfield,  Winchester,  Jack- 
sonville and  the  intervening  communities  reasonable  connections  with 
each  other. 

ROUTE  No.  37. 

Beginning  in  a  public  highway  at  Mt.  Vernon  and  extending  in 
a  southerly  direction  to  Marion,  affording  Mt.  Vernon,  Benton,  Mar- 
ion and  the  intervening  communities  reasonable  connections  with  each 
other. 

ROUTE  No.  38. 

Beginning  in  a  public  highway  at  Jerseyville  and  running  along 
such  highway  in  a  westerly  direction  to  a  public  highway  on  the  east 
side  of  the  Illinois  River  opposite  the  City  of  Hardin  and  then  be- 
ginning at  Hardin  and  running  in  a  northerly  direction  to  Kampsville, 
affording  Jerseyville,  Hardin,  Kampsville  and  the  intervening  com- 
munities reasonable  connections  with  each  other. 


ROUTE  No.  39. 

Beginning  in  a  public  highway  at  Champaign  and  running  in  a 
northwesterly  direction  to  Bloomington,  affording  Champaign,  Ma- 
homet, Mansfield,  Farmer  City,  Leroy,  Bloomington  and  the  interven- 
ing communities  reasonable  connections  with  each  other. 

ROUTE  No.  40. 

Beginning  in  a  public  highway  on  the  north  line  of  the  city  of 
Sterling  and  running  in  a  northwesterly  direction  to  Milledgeville, 
ihence  to  Chadwick,  thence  north  to  connect  with  Route  No.  27,  and 
beginning  at  a  highway  on  the  north  line  of  the  city  of  Mt.  Carroll 
and  running  north  to  Stockton. 

ROUTE  No.  41. 

Beginning  in  a  public  highway  at  Galesburg,  and  connecting  with 
Route  No.  8  therein,  and  running  thence  in  a  southern  direction  to 
Abingdon,  thence  in  a  southern  direction  to  Avon,  thence  in  a  southern 
direction,  connecting  with  Route  No.  9  at  or  near  Prairie  City,  afford- 
ing Galesburg,  Abingdon,  Avon,  Prairie  City  and  the  intervening  com- 
munities reasonable  connections  with  each  other. 

ROUTE  No.  42. 

Beginning  in  a  public  highway  at  the  northern  limits  of  the  city 
of  Chicago  and  running  along  the  Sheridan  Road  in  a  general  north- 
erly direction  to  the  Wisconsin  State  line,  affording  Chicago,  Wauke- 
gan,  Zion  City  and  the  intervening  commuities  reasonable  connections 
with  each  other. 

ROUTE  No.  43. 

Beginning  in  a  public  highway  at  Havana  and  running  in  an 
easterly  direction  to  Route  No.  24  .at  Mason  City,  affording  Havana, 
Mason  City  and  the  intervening  communities  reasonable  connections 
with  each  other. 

ROUTE  No.  43A. 

Beginning  in  a  public  highway  at  Petersburg  and  running  easterly 
to  and  connecting  with  Route  No.  24. 

ROUTE  No.  44. 

Beginning  in  a  public  highway  at  Joliet,  and  running  to  Kankakee, 
Illinois,  via  Manhattan  and  Wilton  Center  so  as  to  afford  the  inter- 
vening communities  reasonable  connections  with  each  other. 

ROUTE  No.  45. 

Beginning  in  a  public  highway  in  Route  No.  17,  at  a  point  at 
Garfield  and  running  due  south  to  Dana. 

ROUTE  No.  46. 

Beginning  in  a  public  highway  at  the  eastern  limits  of  Arling- 
ton Heights,  thence  running  in  a  southeasterly  direction  to  Oaklawn, 
affording  Arlington  Heights,  Mount  Prospect,  Des  Plaines,  Franklin 
Park,  River  Grove,  Maywood,  Broadview,  LaGrange  Park,  LaGrange, 


83 

Lyons,  Summit,  Oaklawn,  and  the  intervening  communities  reason- 
able connections  with  each  other. 

If  any  available  money  from  any  source  remains  in  the  State 
bond  road  fund  after  the  above  described  roads  are  completed  and 
paid  for,  said  Department  of  Public  .Works  and  Buildings  shall  use 
such  money  to  construct  other  similar  roads  so  as  to  extend  said  sys- 
tem in  such  a  way  as  to  be  of  the  greatest  benefit,  in  the  judgment 
of  said  Department  of  Public  Works  and  Buildings,  to  the  people 
of  the  State. 

§  10.  That  wherever  one  of  the  above  described  roads  runs 
through  or  into  a  county  over  a  paved  road  that  has  been  constructed 
by  such  county  and  the  State,  jointly,  or  by  such  county  alone  and 
accepted  by  the  State,  then,  in  such  case,  said  Department  of  Public 
Works  and  Buildings  shall,  if  such  paved  road  is  of  proper  durable 
hard-surfaced  type  to  make  it  practicable  to  do  so,  utilize  such  paved 
road  in  said  State-wide  system  of  roads.  If  said  Department  of  Public 
Works  and  Buildings  does  utilize  and  make  such  a  paved  road  of  a 
county  a  part  of  said  State-wide  system  of  roads,  then,  and  in  that 
case,  the  actual  cost  of  said  paved  road  shall  be  determined,  in  the 
manner  hereinafter  provided  for,  and  an  amount  of  money  equivalent 
to  the  share  of  such  cost  that  was  paid  by  such  county,  shall  be  set 
apart  and  allotted  by  said  department  to  such  county  to  be  used,  at 
the  option  of  such  county,  either  in  the  payment  of  any  county  bonds 
issued  by  such  county  and  used  to  improve,  its  State  Aid  Roads,  or  in 
the  improvement  of  any  one  or  more  of  its  improved  or  unimproved 
State  Aid  Roads,  by  constructing  thereon  a  durable  hard-surfaced  road, 
under  the  direction  and  to  the  satisfaction  of  said  Department  of 
Public  Works  and  Buildings.  In  determining  such  cost  of  such  a 
paved  road  of  a  county,  so  utilized  in  said  State-wide  system  of  roads, 
the  Chief  Highway  Engineer  shall  make  a  careful  examination  of  the 
Department's  State  Aid  Road  records  which  show  the  actual  cost  of 
all  such  State  Aid  Roads,  and  present  to  said  Department  of  Public 
Works  and  Buildings,  in  writing,  a  statement,  approved  by  the  Super- 
intendent of  Highways,  showing  the  actual  cost  of  such  paved  road  of 
such  county ;  and  the  amount  of  such  cost  paid  by  such  county,  as 
shown  by  said  statement,  shall  be  the  amount  of  money  so  to  be  al- 
lotted to  said  county  by  said  Department  of  Public  Works  and  Build- 
ings to  be  used  by  said  County  in  the  manner  hereinabove  provided 
for." 

§  11.  That  whenever  the  making  of  any  part  of  said  proposed 
improvement,  or  the  locating  of  a  route  or  any  part  thereof,  or  the 
obtaining  of  road  building  materials  for  the  work  provided  for  herein, 
will  require  that  private  property  be  taken  or  damaged,  said  Depart- 
ment of  Public  Works  and  Buildings,  in  its  name,  shall  have  the  right 
to  purchase  the  necessary  land  from  the  owner  thereof,  or  if  compen- 
sation therefor  can  not  be  agreed  upon,  to  have  such  just  compensa- 
tion ascertained  and  to  acquire  and  pay  for  said  property  in  the  same 
manner,  as  near  as  may  be,  as  provided  for  in  the  Act  of  this  State 
entitled,  "An  Act  to  provide  for  the  exercise  of  the  right  of  eminent 


84 

domain,"  approved  April  10,  1872,  and  the  amendments  thereto:  Pro- 
vided, however,  that  said  Department  of  Public  Works  and  Buildings 
shall  not  be  required,  in  any  case,  to  furnish  bond. 

§  12.  That  the  public  highways  upon  which  said  roads  are  being 
constructed  shall,  during  the  construction  period  and  continuously 
thereafter,  be  under  the  jurisdiction  and  control  of  said  Department 
of  Public  Works  and  Buildings,  but  the  duty  of  maintaining  such 
highways  shall  rest  on  the  local  authorities  until  said  construction  work 
has  been  completed.  No  public  utility  company  or  person  shall  be 
granted  any  right,  privilege  or  franchise  in,  on  or  along  any  such  high- 
way without  the  consent  of  said  Department  of  Public  Works  and 
Buildings.  After  a  road  in  said  State-wide  system  has  been  completed 
and  taken  over  by  said  Department  of  Public  Works  and  Buildings 
said  road  shall  thereafter  be  maintained  by  the  State,  under  and  in 
accordance  with  the  provisions  of  Section  32  of  Article  IV  of  the 
Act  of  this  State  entitled,  "An  Act  to  revise  the  law  in  relation  tq 
roads  and  bridges,"  approved  June  27,  1913,  and  the  amendments 
thereto. 

§  13.  That  this  Act,  authorizing  the  State  to  contract  the  debt  for 
the  purpose  set  forth  herein  and,  as  an  evidence  of  such  debt,  to  issue 
bonds  of  the  State  of  Illinois  to  the  amount  of  sixty  million  dollars 
($60,000,000.00)  and  levying  a  direct  annual  tax  sufficient  to  pay  the 
interest  annually  on  such  bonds,  as  such  interest  shall  accrue,  and 
also  £o  pay  and  discharge  the  principal  .of  such  bonds  at  par  value, 
as  such  bonds  respectively  fall  due,  but  providing  that  such  payments 
may  be  made  from  other  sources  of  revenue,  shall  be  submitted  to  the 
people  of  this  State  at  the  general  election  to  be  held  on  Tuesday 
next  after  the  first  Monday  of  November,  A.  D.  1918;  that  said 
Act  shall  be  so  submitted  on  a  separate  ballot,  which  shall  be  in 
substantially  the  following  form:  »w 


85 


(ROAD  IMPROVEMENT  BALLOT). 


Shall  an  Act  of  the  General  Assembly  of  Illinois, 
entitled,  "An  Act  in  relation  to  the  construction  by  the 
State  of  Illinois  of  a  State-wide  system  of  durable 
hard-surfaced  roads  upon  public  highways  of  the 
State  and  the  provisions  of  means  for  the  payment  of 
the  cost  thereof  by  an  issue  of  bonds  of  the  State  of 
Illinois,"  which,  in  substance,  provides  for  construc- 
tion by  the  State,  acting  through  its  Department  of 
Public  Works  and  Buildings,  subject  to  the  Gover- 
nor's approval,  of  a  State-wide  system  of  hard  roads 
on  routes  described ;  for  control  and  maintenance,  and 
for  conditional  compensation  for  roads  already  paved ; 
gives  such  department  full  power  to  execute  Act; 
authorizes  State  to  contract  a  debt  for  such  purpose 
and  to  issue  $60,000,000.00  of  serial  bonds,  bearing 
interest  annually  at  not  to  exceed  4%  ;  appropriates 
said  sum  to  said  department ;  levies  a  tax  sufficient  to 
pay  said  interest  annually,  as  it  shall  accrue,  and  to 
pay  off  said  bonds  within  20  years  from  issuance,  but 
provides  that  such  payments  may  be  made  from  other 
sources  of  revenue  and  requires  moneys  in  the  Motor 
Vehicle  Law  "Road  Fund"  to  be  first  used  for  such 
payments  and  such  direct  tax  to  be  omitted  in  any 
year  in  which  sufficient  money  from  other  sources 
of  revenue  has  been  appropriated  to  meet  such  pay- 
ments for  such  year;  provides  for  publication  and 
for  submission  to  the  people ;  makes  the  provisions  for 
payment  of  such  interest  and  bonds  irrepealable ;  and 
pledges  faith  of  State  to  the  making  of  such  payments  ; 
go  into  full  force  and  effect? 


YES 


NO 


That  this  question  shall  be  so  submitted  at  said  general  elec- 
tion, and  said  election  on  said  question  shall  be  held  and  returns 
thereof  be  made,  where  not  otherwise  provided  herein,  at  the  same 
time  and  in  the  same  manner  and  by  the  same  officials,  as  in  the  case 
of  the  election  of  State  officers  and  in  accordance,  as  near  as  may 
be,  with  the  provisions  of  the  general  election  laws  of  this 
State ;  that  the  Secretary  of  State  is  hereby  authorized,  em- 
powered and  directed  to  certify  to  the  county  clerk  of  each 
county  the  form  of  said  ballot  and  also  to  take  every  step 
required  by  this  Act  and  by  the  general  election  laws  of  this 
State  to  be  taken  in  such  cases ;  that  the  respective  persons 
whose  duty  it  is,  under  the  general  election  laws  of  this  State,  to 
cause  notices  of  election  to  be  given  and  ballots  to  be  printed,  and 
the  elections  to  be  held  and  the  results  thereof  to  be  ascertained 
and  declared,  are  hereby  authorized,  empowered  and  directed  to 


86 

take  every  step  required  by  the  statutes  of  this  State  to  be  taken 
in  such  cases,  so  as  to  cause  this  question  to  be  properly  submitted 
to  the  people  of  this  State. 

§  14.  That  the  Secretary  of  State  be,  and  he  is  hereby,  author- 
ized, empowered  and  directed  to  cause  publication  of  this  Act  to  be 
made,  once  each  week,  for  three  months  at  least  before  the  vote  of 
the  people  shall  be  taken  .upon  such  Act;  and  that  such  publication 
shall  be  made  in  at  least  two  daily  newspapers,  one  of  which  shall 
be  published  in  the  city  of  Springfield  and  one  in  the  city  of 
Chicago. 

§  15.  That  the  provisions  in  this  Act  for  the  payment  of  the 
principal  of  said  bonds  at  maturity  and  of  the  interest  thereon 
annually,  as  it  shall  accrue,  by  a  direct  annual  tax  which  has  been 
levied  herein  for  said  purpose,  or  from  other  sources  of  revenue 
appropriated  for  that  purpose,  shall  be  irrepealable  until  such  debt 
and  interest  be  paid  in  full,  and  for  the  making  of  such  payment 
the  faith  of  the  State  of  Illinois  is  hereby  pledged. 

§  16.  That  the  publication  of  this  law  in  the  above  mentioned 
newspapers  and  in  the  Session  Laws  of  Illinois  is  hereby  declared 
to  be  due  notice  to  the  people  of  this  State  of  the  provisions  of  this 
law  and  of  its  submission  to  them  and  that  if  this  law  receives  at 
said  general  election  the  required  majority  of  votes,  then  the  will  of 
the  people  so  expressed  or  attempted  to  be  so  expressed  shall  not  be 
defeated  nor  set  aside  on  account  of  the  failure,  negligence  or  care- 
lessness of  any  officer,  or  person,  in  the  performance  of  his  duty, 
but  the  law  shall  immediately  go  into  full  force  and  effect. 

APPROVED  JUNE  22,  1917. 

REGISTRATION  FEES  FOR  MOTOR  VEHICLES  SHOWING 
RATES  EFFECTIVE  IN  1918-1919  AND  1920. 

1918           1919  1920 

10  H.  P.  and  less .% . . . ,       $  4  50       $  4  50  $  6  00 

25  H.  P.  and  more  than  10. 6  00           6  00  8  00 

35  H.  P.  and  more  than  25 900           900  1200 

50  H.  P.  and  more  than  35 16  00         16  00  20  00 

More  than  50  H..P .U  ,       20  00         20  00  25  00 

Motor  bicycle ..           300     '300  400 

Electric  vehicles  to  and  inc.  2  tons..  .-•?.':.     10  00         10  00  12  00 

Electric  vehicles  over  2  tons 20  00         20  00  25  00 

MOTOR   VEHICLES—DISPOSITION    OF   REGISTRATION 

FEES. 

§  19.  All  moneys  received  by  the  Secretary  of  State  as  registra- 
tion fees  and  for  the  examination  and  licensing  of  chauffeurs  as  pro- 
vided in  this  Act  shall  be  deposited  in  the  State  treasury  and  set 
apart  as  a  special  fund  to  be  known  as  the  road  fund.  The  road 
fund  shall,  if  and  when  the  State  of  Illinois  shall  incur  any  bonded  in- 
debtedness for  the  construction  of  permanent  highways,  be  set  aside 
and  used  for  the  purpose  of  paying  and  discharging  annually  the 


8? 

principal  and  interest  on  such  bonded  indebtedness  then  due  and 
payable  and  for  no  other  purpose,  and  the  surplus,  if  any,  after  the 
payment  of  the  principal  and  interest  on  such  bonded  indebtedness 
then  annually  due,  shall  be  used  for  the  improvement  of  the  highways 
of  the  State  in  accordance  with  the  provisions  of  Article  IV  of  an 
Act  entitled,  "An  Act  to  revise  the  law  in  relation  to  roads  and 
bridges,"  approved  June  27,  1913,  in  force  July  1,  1913,  and  all  Acts 
amendatory  thereof. 


SCHNEPP  &  BARNES,  STATE  PRINTERS 
SPRINGFIELD,  ILL. 

1917. 
P420--10M 


810591     ^ 

-<;/; 


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